Raj Kamal Parmar vs Gian Kaur (Since Deceased) Thr Lrs
2023 Latest Caselaw 15316 P&H

                                                                 Neutral Citation No. : 2023:PHHC:117578
                               CR-4127-2023                                                     -1-
                                 IN THE HIGH COURT OF PUNJAB AND HARYANA
                                              AT CHANDIGARH
                      146
                                                                            CR-4127-2023
                                                                            Decided on : 06.09.2023

                      Raj Kamal
                                                                                      . . . Petitioner(s)
                                                          Versus
                      Gian Kaur (Since Deceased) Through LR
                                                                                   . . . Respondent(s)

                      CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                      PRESENT: Mr. Sandeep Arora, Advocate
                               for the petitioner(s).
                                                      ****

                      SANJAY VASHISTH, J. (Oral)

1. Mr. Anil Saini, Advocate for Mr. Munish Gupta, Advocate, puts

in appearance on behalf of the respondent, and files his Vakalatnama, in

Court today, which is taken on record, subject to all just exceptions. Office

to tag the same at appropriate place.

2. On 25.07.2023, following order was passed:-

"Present : Mr. Sandeep Arora, Advocate for the petitioner.

**** Present petition has been instituted against the order dated 31.05.2023, whereby the Executing Court has issued warrants of sale of his property.

Learned counsel for the petitioner argued that the appeal filed against the judgment and decree passed by the trial Court, which is subject matter before the Executing Court is pending adjudication before the First Appellate Court i.e. learned District Judge, Hoshiarpur and is now fixed for 11.08.2023.

He further submits that learned Appellate Court is neither deciding the application for stay; nor deciding the JAWALA RAM appeal finally. The right of appeal of the petitioner gets 2023.09.06 14:35 I attest to the accuracy and integrity of this document Neutral Citation No. : 2023:PHHC:117578

prejudiced once, the property in question is sold out without any decision in the appeal or in the stay application.

Notice of motion for 06.09.2023.

Till the next date of hearing, warrants of sale of property of the petitioner shall remain in abeyance.

It would be expected that subject to the completion of service upon the respondents, Appellate Court would either decide the application finally or the appeal itself before the date fixed before this Court.

A copy of this order be forwarded to the learned District Judge, Hoshiarpur through e-mail by the Registry of this Court. To be shown in the urgent list."

3. Mr. Sandeep Arora, learned counsel for the petitioner submits

that the proceedings in the appeal have been finalized, therefore, present

revision petition has been rendered infructuous, and thus, same may be

disposed of as such.

4. Disposed of, as having been rendered infrucutous.

(SANJAY VASHISTH) JUDGE September 06, 2023 J.Ram

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

JAWALA RAM 2023.09.06 14:35 I attest to the accuracy and integrity of this document