- (1.) Plaintiffs Amar Kaur etc. have filed this revision petition under Article 227 of the Constitution of India seeking direction to the trial court i.e. Civil Judge (Junior Division), Rajpura to decide applications Annexures P/3 and P/4 moved by the plaintiffs in the trial court. I have heard learned counsel for the petitioners and perused the case file.
(2.) In the suit, petitioners have challenged order dated 6.11.2007 regarding redemption to mortgage passed by Collector under the Redemption of Mortgages (Punjab) Act, 1913, and have also sought permanent injunction. During pendency of the suit, the petitioners also filed Civil Writ Petition No. 260 of 2011 assailing order of issuance of warrant of possession by the Collector pursuant to aforesaid redemption order. This Court disposed of the said writ petition vide order dated 2.8.2011, Annexure P/1 observing that the petitioners cannot avail two remedies simultaneously i.e. of civil suit as well as of writ petition. The petitioners were given liberty to move application before the civil court within two weeks seeking appropriate order against issuance of warrant of possession by the Collector pursuant to the impugned redemption order and till then warrant of possession was stayed. Pursuant thereto, petitioners moved application, Annexure P/3 dated 17.8.2011 and another undated application, Annexure P/4 in the trial court inter alia seeking stay of order of warrant of possession issued by the Collector pursuant to redemption order.
(3.) Grievance of the petitioners in the instant revision petition is that aforesaid applications Annexures P/3 and P/4 have not been disposed of by the trial court.;