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High Court of Punjab and HaryanaCR/4470/2026disposed of

Rajesh Kumar v. Punjab National Bank And Others

2026-05-26Mr. Justice Amarinder Singh Grewal3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 26.05.2026 Rajesh Kumar

...Petitioner

Versus

Punjab National Bank and others .... Respondents CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present:

Mr. Aseem Garg, 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, 1950, for setting aside the order dated 02.03.2026 (Annexure P-1) passed by the learned Civil Judge (Junior Division), Narwana, in Civil Suit No.165 of 2026 titled "Rajesh Kumar Vs. PNB and others", whereby the application filed under Order 39 Rules 1 and 2 CPC for grant of interim injunction has been declined, and the case has now been adjourned for auction of the suit property. 2.

The brief facts of the case are that the petitioner-Rajesh Kumar filed a suit for mandatory injunction seeking a direction to the defendantsPunjab National Bank and others to confirm that the agricultural land, as detailed in the headnote of the plaint, has a clear, marketable and enforceable title and is free from all kinds of encumbrances, charges and liabilities. Notice of the said suit was issued to the respondents. Along with the suit, the petitioner also filed an application under Order XXXIX Rules 1 and 2 CPC for grant of ad interim injunction. Notice of the said

application was also given to the respondents. Learned Civil Judge (Junior Division), Narwana, after hearing respective counsel for the parties, dismissed the application vide order dated 02.03.2026. Aggrieved by the same, the petitioner filed an appeal along with an application for stay before the learned District & Sessions Judge, Jind, which is presently pending consideration before the said Court. Meanwhile, the property in question has been ordered to be put to auction by the learned Executing Court.

3.

Learned counsel for the petitioner contends that since the appeal as well as the stay application filed by the petitioner against the order dated 02.03.2026 are pending consideration before the learned District & Sessions Judge, Jind, and notice thereof has already been issued to the respondents, the auction of the suit property deserve to be stayed till the decision of the said appeal and stay application. 4.

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

5.

I have heard learned counsel for the petitioners and have perused the paper book with his able assistance. 6.

Keeping in view the aforesaid facts and circumstances, without commenting upon the merits of the case, and considering that valuable rights of the petitioner are involved in the matter, and since the impugned order dated 02.03.2026 is challenged before the first Appellate Court, consequently, the proceedings regarding the bank auction of the suit

property shall remain stayed till the decision of the stay application pending before the first Appellate Court.

7.

Pending applications, if any, shall stand disposed of. 8.

A copy of this order be handed over the learned counsel for the petitioner under signature of the Bench Secretary of this Court forthwith. May 26, 2026 (AMARINDER SINGH GREWAL) anil JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No