Gaurav Arora And ANR. v. Amar Kumar And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (106) Date of Decision:-24.04.2026 Gaurav Arora and Another ......Petitioners

Versus

Amar Kumar and Others ......Respondents

CORAM:

HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present:

Mr. S. S. Behl, Senior Advocate, with Ms. Raageshwari Sharma, Advocate, for the petitioner.

**** AMARINDER SINGH GREWAL, J. (Oral) 1.

The present revision petition has been filed under Article 227 of the Constitution of India, seeking setting aside of the impugned order dated 23.03.2026 (Annexure P-1), passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the application filed by the petitioner for recall of conditional warrants has been dismissed, and the consequential order dated 02.04.2026 (Annexure P-2) directing issuance of warrants of arrest against the male judgment-debtors has been passed in execution proceedings arising out from the judgment and decree dated 10.02.2025. 2.

Briefly stated, the facts are that the respondent-plaintiff instituted a suit for recovery of ₹68,51,000/- along with interest against the petitioner. The said suit was decreed vide judgment and decree dated 10.02.2025. Thereafter, the respondent-plaintiff filed an execution petition for enforcement of the said judgment and decree. The petitioner moved an application for recall of the conditional warrants issued against him; -1-

however, the learned Executing Court dismissed the said application vide the impugned order dated 23.03.2026. Hence, the present petition. 3.

Learned counsel for the petitioners submits that the petitioner has already filed an appeal against the order dated 10.02.2025 before the learned First Appellate Court. It is contended that in case the conditional warrants of arrest are executed, the very purpose of filing the said appeal would be frustrated. Accordingly, a limited prayer has been made for directing the Appellate Court to decide the appeal in a time-bound manner and for staying the proceedings before the learned Executing Court till the decision of the said appeal.

4.

I have heard learned counsel for the petitioners and have perused the paper book.

5.

Considering the limited nature of the relief sought, issuance of notice to the respondents is dispensed with, as the same would only result in further delay of the proceedings.

6.

In view of the aforesaid submissions, as well as the fact that valuable rights of the petitioner are involved in the appeal, the present revision petition is disposed of without expressing any opinion on the merits of the case. The learned First Appellate Court, Ludhiana, is directed to decide the appeal filed by the petitioner within a period of three months from the date of receipt of a certified copy of this order, in accordance with law.

7.

It is made clear that, till the decision of the appeal, the proceedings before the learned Executing Court shall remain stayed. -2-

8. The Registry is directed to forward a copy of this order to the learned Executing Court as well as the learned First Appellate Court, Ludhiana, for compliance.

(AMARINDER SINGH GREWAL) JUDGE 24.04.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3-