IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 01.07.2010 C.R.No.3217 of 1999 Bhagat Ram ...Petitioner Versus Prem Chand ... Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. R.K.Gupta, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral) Challenge in the present revision petition is to the order passed by the learned District Judge, Jind on 16.4.1999 holding that the provisions of Order 39 Rule 2-A are not applicable, as such provisions are applicable for violation of an order in appeal. Learned District Judge has recorded in the order under challenge that on 11.08.1997, the parties were directed by the learned District Judge to maintain status quo in respect of site in dispute till further orders in appeal. The appeal was finally decided on 9.10.1997. Before the decision of the appeal, an application under Order 39 Rule 2-A of the Code of Civil Procedure was filed, which has been found to be not maintainable by the learned District Judge in the order impugned in the present revision petition. Though the order passed by the learned District Judge cannot be said to be sustainable, as the provisions which are applicable in a suit are also applicable in appeal in view of Section 107 read with 141 of the Code C.R.No. 3217 of 1999 of Civil Procedure. In view of the said fact, the primary reason of the District Judge holding that the application under Order 39 Rule 2-A of the Code of Civil Procedure was not maintainable in appeal, is clearly not sustainable in law. But the fact remains that the order of status quo was in operation for a short duration, as it came to an end with the dismissal of the appeal on 9.10.1997. In view of the above and keeping in view the fact that the appeal was dismissed long time back, no useful purpose would be served to remit the matter to the learned District Judge to decide the matter afresh. It will be exercise in futility after long lapse of time to decide the application under Order 39 Rule 2-A of the Code of Civil Procedure, when the appeal itself has been dismissed by the first Appellate Court. In view of the said fact, the present revision petition is dismissed. 01.07.2010 (HEMANT GUPTA) Vimal JUDGE 2