Punjab-Haryana High Court
M/S Pindi Paint Store And Another vs Shashi Sehgal And Another on 9 April, 2024
Neutral Citation No:=2024:PHHC:048221
2024:PHHC:048221
119 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-7692-2023
Date of Decision: 09.04.2024
M/s Pindi Paint Store and another ...Petitioners
Versus
Shashi Sehgal and another ...Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. J.S. Lalli, Advocate
for the petitioners.
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GURBIR SINGH, J. (ORAL)
1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 01.09.2023 (Annexure P-11) passed by the Ld. Civil Judge (Jr. Division), Jalandhar whereby an application filed by the respondents under Order 21 Rule 37 read with Section 151 CPC (Annexure P-6) in execution petition has been allowed and the petitioner has been directed to pay the decreetal amount.
2. After arguing for some time, learned counsel for the petitioner submits that appeal is filed against the judgment and decree and same is pending for 10.05.2025 before the learned Additional & District Judge-VIII, Jalandhar. Appeal is filed along with application under Order 41 Rule 5 CPC and another application under Order 41 Rule 27 CPC for leading additional evidence but the same has not been decided and are pending for consideration. He further submits that he would be satisfied if till the disposal of the application filed under Order 41 Rule 5 CPC, the warrant of arrest issued against the appellant is stayed.
3. I have heard the submissions of the learned counsel for the petitioner and perused the file.
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4. In view of the above submissions, the present petition stands disposed of with a direction to the concerned appellate Court to decide the application under Order 41 Rule 5 of CPC filed by the petitioner within a period of three weeks from the next adjourned date and till the decision of the said application, conditional warrant of arrest issued against the petitioner shall be kept in abeyance.
(GURBIR SINGH)
09.04.2024 JUDGE
Parveen kumar
Whether speaking/reasoned :Yes/No
Whether reportable :Yes/No
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