Rita Sachdeva v. Sukhdeep Singh And Others

CR No. 3273 of 2019 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 206/2 ***** CR No. 3273 of 2019 (O & M) Date of decision : 5.9.2022 Rita Sachdeva ......Petitioner Vs.

Sukhdeep Singh and others ` ......Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Aalok Jagga, Advocate, for the petitioner Mr. Rajdeep Singh Chugh, Advocate, for respondent No.1 Mr. Aman Sharma, Advocate, for respondent No.2 Mr. D.K. Singla, Advocate, for respondent No.3 --- TRIBHUVAN DAHIYA, J. (Oral) 1.

This revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 1.2.2019 (Annexure P14) passed by the Executing Court, in Execution Application No. 450 of 2017 pertaining to Civil Suit No. 31 dated 11.2.2011, by which application for stay of execution in the light of interim order dated 20.9.2018 (Annexure P-7) passed in CR No. 6350 of 2018, was dismissed. 2.

As per facts apparent on record, on account of pendency of the connected CR No. 6350 of 2018, wherein the issue to be adjudicated was as to whether the petitioner's application seeking leave to file appeal against the judgment and decree dated 20.1.2017 was rightly declined by the lower Appellate Court. Therefore, the proceedings before the Executing Court ASHWANI KUMAR 2022.09.13 17:49 I attest to the accuracy and integrity of this document

CR No. 3273 of 2019 (O & M) were ordered to be adjourned beyond the date fixed in appeal pending before the Additional District Judge, Ludhiana (lower Appellate Court). 3.

Since by order of even date in the connected CR No. 6350 of 2018, the order dated 9.4.2018 passed by the lower Appellate Court declining the leave to appeal as indigent person, has been set aside and the case has been remanded to the lower Appellate Court with a direction to decide the application filed by the petitioner under Order 44 Rule 1 CPC afresh, in accordance with law and the procedure laid down, therefore, the instant revision petition is disposed of by directing the Executing Court to adjourn the execution petition (Annexure P-14) bearing EA No. 415 of 2017 sine die, to be taken up after decision of the lower Appellate Court on the petitioner's application under Order 41 Rule 1 CPC in terms of the order passed today in CR No. 6350 of 2018.

4.

All the pending miscellaneous applications, if any, stand disposed of accordingly.

(TRIBHUVAN DAHIYA) JUDGE 5.9.2022 Ashwani Whether Speaking/Reasoned : Yes/No Whether Reportable :

Yes/No ASHWANI KUMAR 2022.09.13 17:49 I attest to the accuracy and integrity of this document