Punjab-Haryana High Court
International Customer Related ... vs Pankaj Chhabra And Anr on 9 November, 2022
117
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-4814-2022 (O&M)
Date of decision : 09.11.2022
International Customer Related Management
Services Pvt. Ltd. ... Petitioner(s)
Versus
Pankaj Chhabra & Anr. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. K.S. Dhillon, Advocate for the petitioner.
Mr. C.M. Munjal, Advocate for the caveator-respondents.
ALKA SARIN, J. (ORAL)
The present revision petition has been filed under Article 227 of
the Constitution of India for setting aside the impugned order dated
30.08.2022 (Annexure P-11).
Learned counsel for the petitioner would contend that the suit
filed by the plaintiff-petitioner for specific performance of contract on the
basis of agreement to sell dated 19.01.2007 qua sale of land measuring
17 kanals 05.54 marlas was decreed in favour of the plaintiff-petitioner vide
judgment and decree dated 18.01.2017. Aggrieved by the said judgment and
decree, an appeal was preferred by the defendant-respondents. The
defendant-respondents approached this Court during the pendency of the
appeal for a direction that the stay application be decided expeditiously.
Vide order dated 09.08.2022 this Court in CR No.3170 of 2022 requested
the lower Appellate Court to take a decision on the stay application. Vide the
YOGESH SHARMA
2022.11.10 09:34
I attest to the accuracy and
integrity of this order/judgment.
Chandigarh
CR-4814-2022 (O&M) -2-
impugned order dated 30.08.2022 the stay application has been allowed
merely on the ground that an order had been passed by this Court to
expeditiously decide the stay application.
The lower Appellate Court Court has passed the impugned
order holding that "But this Court is of the considered view that Hon'ble
Punjab and Haryana High Court, Chandigarh has directed this Court vide
order dated 09.08.2022 to dispose of the stay application. If the operation of
the impugned judgment and decree dated 18.01.2017 is not stayed, the
appeal may become infructuous and there will be multiplicity of the
litigations. As such, the application under Order 41 Rule 5 of CPC is
allowed to the extent that the respondent be restrained from further
alienation of the suit property". The lower Appellate Court has chosen not
to go into the merits of the stay application. The impugned order dated
30.08.2022 (Annexure P-11), therefore, cannot be sustained in law and is
accordingly set aside. The lower Appellate Court is directed to decide the
stay application on merits, in accordance with law, within a period of two
months from the date of passing of this order, in the alternative the main
appeal itself may be disposed off within the stipulated time.
Disposed off accordingly. Pending applications, if any, also
stand disposed off.
( ALKA SARIN )
09.11.2022 JUDGE
Yogesh Sharma
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
YOGESH SHARMA
2022.11.10 09:34
I attest to the accuracy and
integrity of this order/judgment.
Chandigarh
