Sukhwinder Singh v. Captain Ujagar Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-11208-CII-2026 in/& Date of Decision: 02.07.2026 SUKHWINDER SINGH

...Petitioner

Versus

CAPTAIN UJAGAR SINGH AND ORS

...Respondent

CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Namit Gautam, Advocate, for the petitioner. Ms. Vandana Sharma, Advocate, for respondent No.1. ***** VIKAS SURI, J. (ORAL) CM-11208-CII-2026 This application has been moved by respondent No.1 for advancing the date of hearing of the main case from 24.08.2026 and disposal of the same.

Learned counsel for the applicant submits that respondent No.1 concedes the claim of the petitioner as raised in the present petition and hence, she prays for advancement of the date of hearing of the main case. For the grounds taken in the application, same is allowed. Accordingly, hearing of the main case is advanced to today and with the consent of learned counsel for the parties, the same is taken on board. CM stands disposed of.

1.

This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.01.2026 (Annexure

(2) P-6) passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the application filed by the petitioner-objector for exhibiting the documents already on record and for taking on record the supervisory report as evidence, has been dismissed.

2.

The following order was passed by a coordinate Bench, on 02.02.2026:- 1.

Prayer in the present Civil Revision Petition filed under Article 227 of the Constitution of India is for setting aside the impugned order dated 20.01.2026 (Annexure P-6), passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the application filed by the petitioner/objector for exhibiting the documents already on record and for taking on record the supervisory report as evidence (Annexure P-4) has been dismissed.

2.

Brief facts of the case are that respondent No. 1-Captain Ujagar Singh son of Swaran Singh filed a suit for possession by way of specific performance of an agreement to sell dated 10.09.2008 in respect of the suit property against Malkit Singh and others. Notice of the suit was served upon Malkit Singh and others, who initially appeared; however, they thereafter failed to appear before the learned trial Court and, as such, were proceeded against ex parte vide order dated 28.04.2012. Ultimately, the suit of respondent No. 1-plaintiff was decreed on 21.04.2013.

2.1 Thereafter, respondent No. 1-plaintiff Captain Ujagar Singh filed execution proceedings before the learned Executing Court. During the execution proceedings, the present petitioner appeared and filed objections, contending that he had already purchased the suit property from

(3) Malkit Singh and others vide sale deed bearing 'Vasika' No. 11066 dated 13.10.2011. During the pendency of the execution proceedings, the present petitioner also moved an application for exhibiting the documents already on record and for taking on record the supervisory report as evidence (Annexure P-4), after the evidence had been led in the execution proceedings. However, the said application was dismissed by the learned Civil Judge (Junior Division), Ludhiana, vide the impugned order dated 20.01.2026 (Annexure P-6). 3.

Learned counsel for the petitioner has contended that the petitioner had purchased the suit property prior to the filing of the suit and, as such, the learned Executing Court ought to have appreciated the said fact while deciding the application for exhibiting the documents.

4.

Notice of motion, at this stage, only to respondent No. 1-plaintiff, returnable on 07.04.2026.

5.

In the meantime, further proceedings before the learned Executing Court shall remain stayed. 3.

Ms. Vandana Sharma, Advocate, appearing on behalf of respondent No.1, has submitted that the pendency of the present petition is in adverse interest of respondent No.1 and in order to cut down procedural delays, she has instructions to state that the present petition be allowed as prayed for and one opportunity be granted to the petitioner to exhibit the documents and the supervisory report.

4.

Learned counsel for the petitioner has wilfully accepted the gracious statement made by learned counsel for respondent No.1 and further undertakes that on an opportunity being granted as aforesaid, petitioner would take all necessary steps required for exhibiting the aforesaid

(4) documents and supervisory report on the date already fixed before trial Court i.e. 09.09.2026 and shall not seek any further adjournment for the said purpose.

5.

The present petition is disposed of in the aforesaid terms. 6.

No order as to costs.

( VIKAS SURI ) July 02, 2026 JUDGE harish Whether speaking/reasoned Yes/No Whether reportable Yes/No