C.R. No.7692 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7692 of 2009 (O&M) Date of Decision: 6.9.2010 Budh Singh and others ……Petitioners VERSUS Hakam Singh and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Ms. Harmanpreet Kaur, Advocate for the petitioners. Mr. Binderjit Singh, Advocate for respondents No.1 to 7. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the judgment dated 10.10.2008 passed by Addl. Civil Judge, Sr. Division, Bathinda as well as judgment dated 1.9.2009 passed by Addl. District Judge, Bathinda, thereby vacating ad-interim order dated 3.3.2008. C.R. No.7692 of 2009 (O&M) -2- 2. Undisputedly, in the suit filed by the petitioners herein an ex-parte order dated 3.3.2008 was passed in the suit directing the parties to maintain status-quo. Undisputedly in a suit, defendants-re- spondents herein moved an application under Order 7 Rule 11 C.P.C. On 10.10.2008, learned Civil Judge vacated the order dated 3.3.2008 on the ground the reply to the application under Order 7 Rule 11 C.P.C. had not been filed. Feeling aggrieved from the order dated 10.10.2008, an appeal was preferred before the learned Addl. District Judge, Bathinda which was also dismissed vide impugned or- der dated 1.9.2009 by observing that appeal against the impugned order dated 10.10.2008 is not maintainable. 3. Learned Counsel for the petitioners states that application under Order 7 Rule 11 C.P.C. moved by the respondents has also been dismissed at its own merit. Learned Counsel for the petitioners rightly submitted that even if reply to the application under Order 7 Rule 11 C.P.C. was not filed, instead of vacating the order dated 3.3.2008 learned trial Court could have heard the application under Order 7 Rule 11 C.P.C. without any reply, however, learned trial Court was not justified in vacating the order dated 3.3.2008. 4. Undisputedly, civil suit is still pending and application moved by the petitioners/plaintiffs seeking ad-interim injunction is to be heard on merit. 5. In view of the above undisputed facts, I direct that parties shall maintain status-quo and learned trial Court shall decide applica- C.R. No.7692 of 2009 (O&M) -3- tion seeking ad-interim injunction moved by the petitioners/plaintiffs at its own merit after hearing both the parties. 6. Parties are directed to appear before the learned trial Court on 15.9.2010 for further directions. 7. Petition stands disposed of accordingly. ( ALOK SINGH ) 06th September, 2010 JUDGE ashish