Municipal Committee, Malerkotla Thr Its Executive Officer v. Paramjit Singh @ Parmjit Singh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** LPA-1085-2026 (O&M) Date of Decision:21.04.2026 MUNICIPAL COMMITTEE MALERKOTLA THROUGH ITS EXECUTIVE OFFICER .....APPELLANT(S)

VERSUS

PARAMJIT SINGH @ PARMJIT SINGH AND OTHERS ....RESPONDENT(S) CORAM:- HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR

Present:

Ms. Kavita Arora, Advocate for the applicant-appellant.

Ms. Ambika Chaudhary, AAG, Punjab.

**** ASHWANI KUMAR MISHRA, J. (Oral) CM-2655-LPA-2026 (delay in filing appeal) 1.

This application under Section 5 of the Limitation Act has been filed on behalf of the applicant-appellant seeking condondation of delay of 13 days in filing the instant appeal. 2.

For the reasons mentioned in the application, the same is allowed and delay of 13 days in filing the present appeal stands condoned.

CM-2654-LPA-2026 (delay in re-filing appeal) 3.

This application under Section 151 CPC has been filed on behalf of the applicant-appellant seeking condonation of delay of 37 days in re-filing the present appeal.

4.

For the reasons mentioned in the application, the same is allowed and delay of 37 days in re-filing the instant appeal stands condoned.

RAHUL JOSHI 2026.04.22 17:02 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD

LPA-1085-2026 (O&M) Main Case (O&M) 5.

Learned Single Judge has allowed the writ petition in terms of the previous adjudication made by the Division Bench of this Court in Harbans Lal Vs. State of Punjab, 2010 SCC Online P&H 8181. 6.

We are informed that judgment of the Division Bench in Harbans Lal (supra) although is sub judice before the Hon'ble Supreme Court of India however the judgment itself has not been stayed. Some protection is stated to have been granted in respect of contempt proceedings.

7.

As the adjudication made by the Division Bench in Harbans Lal (supra) has been relied upon by the learned Single Judge and the said judgment is not stayed by the Supreme Court, we do not find any occasion to interfere with the judgment of the learned Single Judge, wherein the Court has merely followed the Division Bench judgment in Harbans Lal (supra).

8.

In that view of the matter, the instant appeal fails and is accordingly dismissed.

9.

All pending misc. application(s), if any, also stand disposed of.

[ASHWANI KUMAR MISHRA] JUDGE [ROHIT KAPOOR] JUDGE APRIL 21, 2026 Rahul Joshi

1. Whether Speaking/reasoned Yes/No

2. Whether Reportable Yes/No RAHUL JOSHI 2026.04.22 17:02 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD