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High Court of Punjab and HaryanaCR/7433/2017dismissed

Palwinder Singh v. Gian Singh

2017-11-15Mr. Justice S.P. Bangarh1 pages

CR 7433/2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 7433/2017 Date of decision:15.11.2017 Palwinder Singh ..............Petitioner v.

Gian Singh ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr. Sanjeev Kumar Virk,Advocate for the petitioner/JD/tenant Jaswant Singh,J,(Oral).

Tenant is in revision seeking stay of eviction order dated 23.8.2016 passed by the Rent Controller, Phagwara in view of the proceedings before the Executing Court whereby warrants of possession have been issued for delivering the possession to the landlord. It is contended that an application under Order 41 Rule 27 CPC stands filed alongwith the appeal pending before the learned Appellate Authority,Kapurthala which, however, has not been decided till date. It is however, conceded that in the execution proceedings next date fixed is 22.1.2018.

After hearing counsel for the petitioner/tenant, no case for interference in revisional jurisdiction is made out as appropriate remedy is available to the petitioner before the Appellate Authority,Kapurthala. Dismissed. However, petitioner is free to get his application for interim stay, filed alongwith the appeal, decided by the Appellate Authority, Kapurthala.

15.11.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.11.15 16:53 I attest to the accuracy and integrity of this document