T.A.No.278 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.278 of 2009. Decided on August 25, 2009. Maninder Singh Cheema .. Petitioner VERSUS Varinder Singh Bains and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.M.S.Bedi, Senior Advocate, with Mr.R.S.Athwal, Advocate, Ms Gauri Bedi, Advocate, for the petitioner. Mr.Amarjeet Markan, Advocate, for the respondent. M.M.S. BEDI, J. (ORAL) Record has been received. A direction has already been issued by a Coordinate Bench of this Court on 02.07.2009, to decide the application for interim relief during pendency of First Appeal within a period of one week after 27.07.2009, or within a week thereafter. It is deemed appropriate that lower trial Court should comply with the said direction. Since the District Judge, Kapurthala, has transferred the appeal on 10.08.2009, to the court of Additional . . . 1 T.A.No.278 of 2009 District Judge, Sh.S.S.Chahal, and this application has been filed for transfer of the matter from the said Court, without expression of any opinion on merits of the case with an object to achieve the compliance of the order dated 02.07.2009, it is deemed appropriate to give a direction to the Court of First Appeal to decide the application for interim relief during pendency of the First appeal. Counsel for the parties inform that the next date of hearing before the Additional District Judge, Sh.S.S.Chahal, is 28.08.2009. It will be expedient, in the interest of justice, that the application for interim relief should be decided on next date of hearing. Counsel for the respondent on the instructions of his client, has stated that the respondent is interested in the expeditious disposal of the application for interim relief as the petitioner intend to alienate the property during pendency of the appeal. In response to the said statement, counsel for the respondent has made a statement that the petitioner will not alienate the property in dispute till the decision of application for interim relief, pending in the Court of Additional District Judge. Counsel for the respondents has stated that he has got no objection in the transfer but has opposed the delay. It is ordered that the two regular first appeals titled 'Varinder Singh Bains Vs.Maninder Singh Cheema' and 'Dr.Sarjeet Kaur Sidhu Vs.Varinder Singh Bains and others', would be transferred to the Court of Shri Arunveer Vashishat, Additional District Judge, . . . 2 T.A.No.278 of 2009 Kapurthala. Files, complete in all respect, be sent through special messenger to be deputed by the Registrar Judicial to take the lower Court record to the office of District Judge, Kapurthala, so as to reach positively before 27.08.2009, so that the matter can be taken up by the Additional District Judge, after showing the same in the cause list on 28.08.2009. Parties are directed to appear before Shri Arunveer Vashishat, Additional District Judge, Kapurthala, on 28.08.2009. In view of the order dated 02.07.2009, a direction is issued that the application for interim relief will be decided by 12.09.2009. Meanwhile, the petitioners will be bound by their undertaking without prejudice to their rights on merits in application for interim relief sought for by the respondent. The undertaking will not be deemed to be a concession/waiver, in any manner, at the time of adjudication of application. Disposed of. (M.M.S.BEDI) JUDGE August 25, 2009. rka . . . 3