Sukhwant Singh Since Deceased ... vs Sukhcharan Kaur And Others
2023 Latest Caselaw 19033 P&H

                                                              Neutral Citation No:=2023:PHHC:140089




Neutral Citation Number                                     2023:PHHC:140089
Page No.                                      -:1:-
Case Number                                                   CR-6547-2023



            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                      CR-6547-2023
                                                      Date of Decision:-03.11.2023

SUKHWANT SINGH SINCE DECEASED THROUGH HIS LRS
                                                                         ... Petitioner(s)
                                      Versus
SUKHCHARAN KAUR AND OTHERS
                                                                       ... Respondent(s)
                -.-


CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

                -.-

Present:-       Mr. Baltej Singh Sidhu, Senior Advocate with
                Mr. Robin Singh Bhullar, Advocate and
                Mr. Jashandeep Singh, Advocate
                for the petitioner(s).


                -.-


KARAMJIT SINGH, J. (Oral)

1. The counsel for the petitioner submits that first appeal filed by the

petitioner against the judgment and decree dated 13th November, 2019

(Annexure P-4) is listed for final hearing on 6th November, 2023

before 1st Appellate Court, Sri Muktsar Sahib. That simultaneously

execution proceedings are going ahead as till date the operation of the

judgment passed by the trial Court has not been stayed in the first

appeal. That the executing Court has already issued warrants of

possession of the suit property for 6th of November, 2023. That in

case, if respondents No.1 and 2 would be succeeded in getting the

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Neutral Citation No:=2023:PHHC:140089

Neutral Citation Number 2023:PHHC:140089

Case Number CR-6547-2023

possession of the suit property, the first appeal filed by the petitioner

will be rendered infructuous. The counsel for the petitioner further

submitted that the petitioner will be satisfied if till the next date of

hearing fixed in the first appeal for final arguments/arguments on stay

application, status quo with regard to possession over the suit property

is maintained.

2. In view of the above without commenting on the merits of the case,

the present petition is disposed of with direction to the 1st Appellate

Court to decide the first appeal expeditiously and if not possible at

least to decide the stay application filed by the petitioner in the said

appeal expeditiously preferably within a period of 1 month of the next

date fixed in the said appeal and till then status quo is to be maintained

over the suit property.

                                                         ( KARAMJIT SINGH)
03.11.2023                                                   JUDGE
Gaurav Sorot


                          Whether reasoned / speaking?      Yes / No

                          Whether reportable?               Yes / No

Neutral Citation No:=2023:PHHC:140089

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