IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2668 of 2011 Date of decision: 25.4.2011 Amar Singh and another … Petitioners versus Dera Talab wala Sadh Udasian, village Kapial through its Prabhandhak Committee and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Lalit Sharma, Advocate, for the petitioners ... ARVIND KUMAR, J: The present petitioners are one of the defendants in the suit for declaration filed by respondent-plaintiffs, Dera Talab wala Sadh Udasian, village Kapial through its Prabhandhak Committee. Plaintiffs' application under Order 39 rules 1 and 2, Code of Civil Procedure, has been allowed by the trial Court restraining the defendants from interfering in plaintiffs' peaceful possession over the land measuring 20 Bighas 8 Biswas on the basis of registered gift-deed No. 2289 and from interfering into their use of the Pahi existing in khasra No. 338/2, 1940/338, 1907/295, 1908/295 except in due course of law till the decision of the suit. Feeling aggrieved, the defendants have filed an appeal before the first appellate Court. The said appeal has been admitted on 16.3.2011. Now the grievance of the present petitioners is that notice of the stay application has been issued for a longer date, i.e. 22.5.2011, without any interim relief at this stage. Heard. The first appellate Court has not given any reasoning for denying the interim relief to the defendants at this juncture. In view of this, the impugned order dated 16.3.2011 stands modified to the extent that the C.R. No. 2668 of 2011 -2- first appellate Court shall pre-pone the date of hearing in the case to 4.5.2011 after issuing notice to the opposite side and the decide the stay application on merits in accordance with law without being influenced by any kind of observations made hereinabove. The petition stands disposed of accordingly. April 25, 2011 ( ARVIND KUMAR ) JS JUDGE