Punjab-Haryana High Court
Omi Alias Sompati Alias Ompati And ... vs Meda @ Umed Singh (Since Deceased) ... on 7 August, 2023
Neutral Citation No:=2023:PHHC:101530
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Civil Revision No. 4454 of 2023 2023:PHHC: 101530
130 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 4454 of 2023(O&M)
Date of Decision: 07.08.2023
Omi @ Sompati @ Ompati & Ors.
...Petitioners
Versus
Meda @ Umed & Ors.
...Respondents
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr. Mani Ram Verma, Advocate
For the petitioners.
***
KARAMJIT SINGH, J.
1. The present petition has been filed by the petitioners/
defendants for setting aside order dated 19.05.2023 (Annexure P-6) whereby
no interim order is passed on an application filed by the petitioners for
staying the execution of warrants of arrest by the Court of Additional
District Judge, Hisar.
2. The counsel for the petitioners submits that the suit filed by
respondent No.1 Meda was decreed by the learned trial Court vide judgment
dated 08.08.2011 (Annexure P-1). The petitioners being aggrieved filed an
appeal against the said judgment in the Court of Additional District Judge,
Hisar but the same was dismissed in default by the said Court on 21.02.2023
as on the date fixed the petitioners/ their counsel failed to appear in the
Appellate Court due to some unavoidable circumstances. In the meantime,
the Executing Court issued warrants of possession of the suit property on the
basis of the judgment and decree dated 08.08.2011 passed by the learned
trial Court. The petitioners filed an application for restoration of the appeal
which was dismissed in default on 21.02.2023 wherein notice was issued by
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Neutral Citation No:=2023:PHHC:101530
Civil Revision No. 4454 of 2023 2023:PHHC: 101530
the Appellate Court and contesting respondents put in appearance. Along
with the restoration application, an application was also filed for staying the
execution of warrants of arrest but the Appellate Court did not pass any
interim order in the said application and now the same is fixed for
26.09.2023 for filing of reply on behalf of respondents.
3. The counsel for the petitioner made prayer that he will be
satisfied if the first Appellate Court is directed to decide the restoration
application in a time bound manner and in the meantime proceedings in the
execution proceedings are stayed, as otherwise if the decree is satisfied in
the execution proceedings, the purpose of filing restoration application
would be defeated.
4. In light of the above, as the restoration application seeking
revival of appeal is pending its disposal, the interest of justice demands that
the execution proceedings should not proceed further till the disposal of the
restoration application in accordance with law.
5. For the foregoing reasons, the present petition is hereby
disposed of with direction to the Court of Additional District Judge, Hisar to
decide the restoration application filed by the petitioners for restoration of
their appeal which was dismissed in default on 21.02.2023, within three
months of the next date fixed in the said Court and till then the parties are
directed to maintain status quo regarding possession over the suit property.
6. Keeping in view the nature of order being passed, no notice is
required to be issued to the respondents. However, if they feel dis-satisfied with
this order, they may move an application to recall the same.
(KARAMJIT SINGH )
07.08.2023 JUDGE
Jiten
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:101530
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