Gurpal Singh v. Baljit Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (121) CR-3453-2026 Date of Decision:-23.04.2026 Gurpal Singh ......Petitioner

Versus

Baljit Singh @ Rinku and Others ......Respondents

CORAM:

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

Present:

Mr. Chetan Bansal, 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 order dated 02.03.2026, passed by the learned Civil Judge (Junior Division), Amritsar, whereby the application filed under Section 151 of the Code of Civil Procedure, 1908, for implementation of the stay order dated 08.09.2022 with the aid and assistance of the police authorities, has been dismissed. 2.

Brief facts of the case are that the petitioner had filed a civil suit for permanent injunction against the respondents. Along with the suit, an application under Order XXXIX Rules 1 and 2 CPC was also filed seeking interim relief. Vide order dated 08.09.2022, the learned trial Court restrained the respondents from interfering with the peaceful possession of -1-

the petitioner over the suit property and from dispossessing him therefrom except in due course of law. Thereafter, the petitioner filed an application under Section 151 CPC seeking implementation of the aforesaid stay order with the aid and assistance of the police authorities. However, the said application has been dismissed by the learned trial Court vide order dated 02.03.2026. Hence, the present petition.

3.

Learned counsel for the petitioner submits that the limited prayer in the present revision petition is that the learned trial Court be directed to first decide the application under Order XXXIX Rules 1 and 2 CPC and thereafter consider and decide the application under Section 151 CPC afresh, within a time-bound period.

4.

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

5.

In view of the nature of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as the same would only delay the proceedings and entail unnecessary expense. 6.

Considering the averments made in the petition, the present revision petition is disposed of without expressing any opinion on the merits of the case. The learned trial Court is directed to decide the application under Order XXXIX Rules 1 and 2 CPC within a period of one month from the date of receipt of a certified copy of this order, and thereafter to decide the application under Section 151 CPC on its own merits, expeditiously, if filed afresh.

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7.

The Registry is directed to forward a copy of this order to the learned trial Court, Amritsar, for immediate compliance. 8.

Pending application(s), if any, shall also stand disposed of. (AMARINDER SINGH GREWAL) JUDGE 23.04.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3-