High Court of Punjab and Haryana, Chandigarh
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Dhara & Ors v. Umed Singh & Ors - CR-2521-2003  RD-P&H 1671 (16 March 2006)
Civil Revision No.2521 of 2003
Date of decision: March 22,2006
Dhara and others V. Umed Singh and others
CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
Present: None for the petitioners.
Shri Harish Rathee, Sr. DAG, Haryana for respondents No.11 to 13.
Plaintiffs are the petitioners before this Court. Along with the suit, they filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for issuance of ad-interim injunction.
The learned trial court dismissed the application filed by the plaintiffs. On an appeal filed by them, the learned appellate court allowed the appeal and restrained defendants No.1 to 3 from implementing the new Warabandi as confirmed vide decision dated January 31,2003 of defendant No.3
Notice of motion was issued by this court vide order dated May 23,2003. Operation of the order passed by the learned Additional District Judge was stayed.
The suit in question was filed by the plaintiffs on February 20,2003. In these circumstances, it is apparent that the order dated January 31,2003 for implementation of warabandi has remained operative for a period of more than three years. In these circumstances, There would absolutely be no justification to issue any interim direction in favour of the plaintiffs, at this stage.
Consequently, the present revision petition is dismissed.
However, the learned trial court is directed to decide the main suit filed by the plaintiffs as expeditiously as possible.
March 22,2006 ( Viney Mittal )
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