Jangir Ram And Anr vs Sukhdev Singh
2022 Latest Caselaw 17459 P&H

            CR-5953-2022(O&M)                                                              [1]


            112
                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH

                                                        CR-5953-2022 (O&M)
                                                  Date of Decision: December 21, 2022

            Jangir Ram and another                                        ........ Petitioners
                                                      Versus
            Sukhdev Singh
                                                                          ......... Respondent

            CORAM:              HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:-           Mr. Karan Garg, Advocate for the petitioners.

                                                        ****

            HARKESH MANUJA,J. (ORAL)

Present revision petition has been filed at the instance of

petitioners/ judgment debtors (hereinafter referred to as 'the petitioners')

impugning an order dated 23.09.2022 passed by the Executing Court;

whereby objections filed at their instance have been dismissed, besides

even praying for issuance of a direction to the first Appellate Court to

decide their appeal or stay application pending before it, arising out of

the judgment and decree dated 10.02.2021 passed against them.

Brief facts of the case are that in a suit for possession by way

of specific performance filed at the instance of respondent, a decree

came to be passed in his favour by the trial Court on 10.02.2021. Based

thereupon, the respondent filed an execution application; whereas the

petitioners filed an appeal claiming themselves to be indigent persons

and along with the same also prayed for stay of judgment and decree

passed by the trial Court.

SANJAY GUPTA
2022.12.22 16:30
I attest to the accuracy and
authenticity of this document
             CR-5953-2022(O&M)                                                          [2]

First Appellate Court issued notice in the appeal along with

the stay application as well as in the application filed on behalf of the

petitioners for seeking condonation of delay in filing their first appeal,

besides even calling a report from the District Magistrate concerned as

regards their status of being indigent persons.

Referring to the zimni orders passed by first Appellate Court,

learned counsel for the petitioners submits that the matter now stands

referred to Mediation and Conciliation Centre vide order dated

04.11.2022 so as to explore the possibility of compromise between the

parties; whereas on the other hand, the objections filed at the instance of

petitioners have been dismissed by the Executing Court by passing order

dated 23.09.2022. Learned counsel further submits that on the one hand,

matter has been referred to Mediation and Conciliation Centre; whereas

on the other, proceedings before the Executing Court are still continuing;

wherein the respondent-decree holder is pressing for execution of the

judgment and decree dated 10.02.2021.

I have heard learned counsel for the petitioners and gone

through the paper-book. I find substance in the submissions made on

behalf of the petitioners.

Once the matter already stands referred to Mediation and

Conciliation Centre as per the orders passed by the learned first

Appellate Court by keeping pending adjudication upon an application

filed at the instance of petitioners for seeking grant of stay of judgment

and decree dated 10.02.2021, it may not be appropriate to continue with

the execution proceeding as the same may cause serious prejudice to

the rights of the petitioners and may even put undue pressure upon them

SANJAY GUPTA 2022.12.22 16:30 I attest to the accuracy and authenticity of this document CR-5953-2022(O&M) [3]

so as to settle the dispute with the respondent under compelling

circumstances there by vitiating the whole process of mediation.

Considering the aforesaid facts and circumstances, I deem it

appropriate to direct the learned first Appellate Court to take a decision

on the three applications filed at the instance of petitioners i.e. (i)

application seeking condonation of delay; (ii) application for pursuing

their appeal as indigent persons; and (iii) application filed at their

instance for grant of stay of judgment and decree dated 10.02.2021

passed by the trial Court either on the next date of hearing or on any

other date as per its convenience and till then the proceedings before the

Executing Court shall remain stayed, however, the proceedings before

the mediation may go on in the meanwhile.

Revision petition is disposed of in the manner indicated

above.

Keeping in view the nature of proceedings, the present

petition is being decided without issuing notice to the respondent, least it

may delay the proceedings before the appellate Court.

However, in case, the respondent finds any misstatement on

the part of the petitioners, he would be at liberty to approach this Court

by moving an appropriate application.

            December 21, 2022                               ( HARKESH MANUJA )
            sanjay                                                JUDGE

                                     Whether speaking/reasoned       Yes/No
                                        Whether Reportable           Yes/No




SANJAY GUPTA
2022.12.22 16:30
I attest to the accuracy and
authenticity of this document