Ranjeet Singh vs Keshav Dhiman

Ajay Mohan Goel, J

By way of this petition filed under Article 227 of the Constitution of India, the petitioner/defendant has challenged order dated 26.08.2021, passed by the Court of learned District Judge, Chamba, in Civil Miscellaneous No. 07 of 2021, titled as Keshav Dhiman vs. Ranjeet Singh, in terms whereof, learned Appellate Court after setting aside the order passed by learned Trial Court, dated 26.08.2021, in terms whereof the application filed by the present respondent under Order 39, Rules 1 and 2 of the Code of Civil Procedure was dismissed, granted the following relief in favour of the respondent herein:

“24. In view of my above discussion and findings appeal succeeds and the same is allowed. The impugned order, dated 06.06.2021, passed by Ld. Civil Judge, Dalhousie, District Chamba, H.P., in CMA No. 95/2021, in Civil Suit No. 74/2021, titled as “Keshav Dhiman vs. Ranjeet Singh”, is hereby set-aside. Instead, the application under XXXIX Rule 1 and 2 CPC is allowed. Consequently, the respondent is restrained from raising any construction over the suit land, till the pendency of the suit. The observations made hereinabove while deciding the present appeal shall not be construed as an expression of opinion on merits of the suit. The parties are left to bear their own costs. Memo of cost be prepared. The parties are directed to appear before the ld. Court below on 31.08.2021, as already fixed by the learned Trial Court.”

This revision petition was filed in the year 2021 and no interim was granted to the petitioner by the Court. The civil suit in issue is stated to have been filed by the respondents in the year 2021 itself. On a query put to learned Counsel for the parties by the Court, the Court stands informed that the case is at the stage of filing of replication to the written statement by the plaintiff before the learned Court below.

Be that as it may, having heard learned Counsel for the parties and further taking into consideration the peculiar facts involved in the lis between the parties, this Court is of the considered view that it will be in the interest of parties, in case, learned Trial Court is requested to make an endeavour to decide the civil suit itself on merits, as expeditiously as possible and not later than 31st December, 2023. Ordered accordingly.

The present petition is disposed of without adjudication on merit, but with the direction that civil suit be decided on merit by learned Trial Court on or before 31.12.2023. Till then, the interim protection granted to the plaintiff by the learned Appellate Court would continue but the findings which have been returned by way of impugned order shall have no bearing as far as adjudication of the civil suit by learned Trial Court is concerned. The parties through Counsel are directed to appear before the learned Trial Court on 05.06.2023. In case, replication has not been filed by the plaintiff to the written statement, then, not more than three weeks time will be granted by the learned Trial Court to the plaintiff to do the needful. Thereafter, learned Trial Court shall proceed with the matter in accordance with law and none of the parties shall be given more than three opportunities to lead their respective evidence.

In case, either of the parties creates any impediment in the disposal of the civil suit, within the time frame fixed by this Court, then, the aggrieved party will be at liberty to bring this fact into the notice of this Court, by way of filing an application in the present proceedings itself.

With these observations, the petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. Registry is directed to send back the record forthwith to learned Courts below.