Leader Jewellers, Jalandhar And Others v. Varinder Sareen

CR No.1196 of 2021(O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No.1196 of 2021(O&M) Date of Decision: June 30 , 2021.

Leader Jewellers and others ...... PETITIONER (s)

Versus

Varinder Sareen ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Amit Jhanji, Senior Advocate with Ms. Nikita Garg, Advocate for the petitioners.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

Petitioners have filed this petition seeking a direction to the learned Appellate Authority, Jalandhar to finally decide application dated 21.04.2021 for stay, Annexure P6, filed by them alongwith their appeal challenging order of eviction dated 23.03.2021 (Annexure P4) passed by the learned Rent Controller, Jalandhar.

It is submitted that application seeking mesne profits filed by the respondent as well as the application for stay by the petitioners are pending for OMKAR SINGH 2021.07.01 13:14 I attest to the accuracy and integrity of this document High Court, Chandigarh

CR No.1196 of 2021(O&M) [2] 09.07.2021 before the learned Appellate Authority. As per decision dated 23.03.2021 (Annexure P4) of learned Rent Controller, Jalandhar, petitioners have been directed to hand over vacant possession of the premises within two months. Execution proceedings stand filed. Petitioner's appeal, it is submitted, shall be rendered infructuous in case their application for stay is not decided finally. Keeping in view the nature of order being passed, it is not considered necessary to issue notice to the respondent, at this stage, in order to obviate any delay and to avoid the burden of unnecessary litigation expenses upon the respondent.

Application for stay filed by the petitioners as well as application for mesne profits filed by the respondent are statedly pending before the learned Appellate Authority, Jalandhar for 09.07.2021. Learned senior counsel has informed that execution proceedings are pending for 19.07.2021. Keeping in view the facts and circumstances, it is expected that the learned Appellate Authority shall finally dispose of the application for stay filed by the petitioners as well as the application for mesne profits filed by the respondent, before the date fixed in the execution proceedings. Petition is accordingly disposed of.

It is clarified that there is no expression of any opinion on the merits of the controversy.

( LISA GILL ) June 30 , 2021.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2021.07.01 13:14 I attest to the accuracy and integrity of this document High Court, Chandigarh