Santosh And Others v. Mukesh And Another
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: Rajender (Since deceased) through his LR's and others ...Petitioners
Versus
Mrs. Mukesh and another .... Respondents CORAM: HON'BLE MR. JUSTICE
Present:
Mr. Punit Malik, Advocate, for the petitioners. ****
, J. (Oral)
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The brief facts of the case are that respondents-Mrs. Mukesh and another-filed a civil suit against the petitioners for declaration and permanent injunction with regard to the suit property. Notice of the said suit was issued to the petitioners and others, who contested the same by filing their written statement. From the pleadings of the parties, as many as nine issues, including the relief clause, were framed. Thereafter, the learned Civil Judge (Jr. Divn.), Gurugram, after hearing learned counsel for the parties and appreciating the evidence on record, decreed the suit in favour
of the respondents vide judgment and decree dated 18.07.2023 was passed ex-parte. Aggrieved against the same, the petitioners filed a civil appeal before the learned District Judge, Gurugram, challenging the judgment and decree dated 18.07.2023.
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On the same day, i.e. 26.02.2026, the Local Commissioner submitted his report, wherein it was observed that the judgment-debtors had tied animals on the suit property and had raised a temporary shed thereon. In view of the said report, the learned Civil Judge (Jr. Divn.), Gurugram, vide order dated 26.02.2026, held that the decree-holder is at liberty to get the obstruction removed through the concerned Tehsildar, with the assistance of the SHO concerned, if so required. 1(
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5 Keeping in view the aforesaid facts and without commenting anything on the merits of the case, considering the fact that the appeal filed by the petitioners against the judgment and decree dated 18.07.2023 is pending before the learned District Judge, Gurugram, the operation of the impugned order dated 26.02.2026 (Annexure P-7) shall remain stayed during the pendency of the appeal and the learned District Judge, Gurugram is further directed to dispose of the appeal expeditiously, preferably within a period of three months from today.
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6<7+* Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No