Atc Telecom Infrastructure Pvt Ltd v. Maya Devi

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2540 of 2024 Date of Decision: 12.05.2025 ATC Telecom Infrastructure Private Limited ... Petitioner(s)

Versus

Maya Devi ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Shikhar Garg, Advocate (Through Video Conferencing) and Mr. Mahir Sood, Advocate, for the petitioner(s). Mr. Shailender Singh and Ms. Priya Bhati, Advocates for the respondent.

Anil Kshetarpal, J.

1.

The petitioner herein is a tenant who has been ordered to be evicted by the Rent Controller vide judgment dated 13.03.2019 when the landlady has filed the execution petition filed an application under Order XXI Rule 26 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") for staying the execution proceedings which was dismissed, against which this revision petition has been filed. Admittedly, no interim order has been granted in favour of the petitioner in the proceedings under Order IX Rule 13 CPC which has been filed by the petitioner against the ex parte eviction order passed on 13.03.2019.

2.

While issuing notice of motion on 26.04.2024, further proceedings in the execution petition were stayed subject to deposit of ₹1,93,200/- within a period of 15 days, which has been deposited. DEEPAK KUMAR BHARDWAJ 2025.05.13 10:20 I attest to the accuracy and integrity of this document

Civil Revision No. 2540 of 2024 3.

Keeping in view the aforesaid facts, the revision petition is disposed of with the direction to the Court where the proceedings under Order IX Rule 13 CPC is pending to either finally decide the application or at least decide the injunction, if any, prayed. The interim order passed on 26.04.2024 shall continue to operate, however, the Court will pass the order uninfluenced by the impugned order passed by the Executing Court. 4.

It is directed that the Executing Court will further invest the proceeds of the F.D.R. for a period of next six months. 5.

With the observations made above, this revision petition is disposed of.

(Anil Kshetarpal) Judge May 12, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2025.05.13 10:20 I attest to the accuracy and integrity of this document