LPA No. 867 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 867 of 2009 (O&M) Date of decision: November 30, 2009 HUDA & another ...Appellants Versus Manju Rani and others ...Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Siddharth Batra, Advocate, for the appellants. ORDER 1. This appeal has been preferred against the order of learned Single Judge, setting aside resumption order with liberty to the appellants to levy penalty/compound interest for the period after appellate orders till payment. 2. In default of payment of installments of sites allotted to the respondents, orders of resumption were passed. On appeal, vide order dated 8.5.2007, order of resumption was set aside on the condition that the amount in question was paid within 30 days. Since the said condition was not complied with by the petitioners, the order of resumption became operative. However, thereafter entire amount was paid and statement was made that penalty/compound interest will be paid. Accordingly, learned Single Judge quashed the resumption orders with liberty to the appellant, as above. 3. We have heard learned counsel for the appellants. LPA No. 867 of 2009 2 4. Learned counsel for the appellant submits that default in payment was for a long duration and the respondents were indulging in speculation and the delay on their part was not for valid reasons. 5. The submission would have required consideration but for the fact that appellate authority order is dated 8.5.2007 and thereafter default is not for a long period. 6. The order of learned Single Judge being on facts and circumstances of an individual case, we do not find any ground to interfere with the view taken by learned Single Judge. 7. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 30, 2009 (GURDEV SINGH ) prem JUDGE