High Court of Punjab and HaryanaCR/3877/2019disposed of

Bhoop Singh v. Sharwan Kumar Mangla

2019-06-04Mr. Justice Manoj Bajaj2 pages

CR-3877-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3877-2019 (O & M) Date of Decision:04.06.2019 BHOOP SINGH ...PETITIONER

VERSUS

SHARWAN KUMAR MANGLA ...RESPONDENT

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Gorav Kathuria, Advocate for the petitioner.

*** MANOJ BAJAJ, J.(ORAL) Petitioner has invoked inherent powers under Article 227 of Constitution of India to challenge the order dated 21.05.2019 passed by the Appellate Court whereby the application for staying the execution of impugned judgment and decree dated 06.03.2018 (Annexure P-2) passed by the trial Court stands adjourned for 06.08.2019. It is contended that at the same time, the decree-holder has pressed the execution and the Executing Court has issued warrants of possession on 22.05.2019 (Annexure P-13). He submits that the first appeal carries substantial issues regarding the correctness and validity of impugned judgment passed by the trial Court and in case decree is executed, the said appeal would be rendered infructuous. It is pointed out that the appeal was filed in May, 2018 and after due service the decree-holder is contesting the same.

Considering the nature of the relief claimed, this Court is of the Sheetal Gawri 2019.07.01 15:36 I attest to the accuracy and integrity of this document Chandigarh opinion that issuance of notice to the decree-holder would be a formality

CR-3877-2019 (O & M) -2and it is not necessary to hear him at this stage. However, it shall be open for the decree-holder to file an application for recalling, if there is any concealment of facts by the petitioner.

Since the appeal is pending and is fixed for 06.08.2019, the execution proceedings are stayed. At the same time, it is ordered that the Appellate Court shall expedite the hearing of the appeal and adjudicate the same either on the date fixed or preferably within next 8 weeks. Disposed off.

04.06.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.07.01 15:36 I attest to the accuracy and integrity of this document Chandigarh