M/S Pindi Paint Store And Another vs Shashi Sehgal And Another
2024 Latest Caselaw 7554 P&H

Punjab-Haryana High Court

M/S Pindi Paint Store And Another vs Shashi Sehgal And Another on 9 April, 2024

                                        Neutral Citation No:=2024:PHHC:048221



                                             2024:PHHC:048221
119          IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                     CR-7692-2023
                                                     Date of Decision: 09.04.2024

M/s Pindi Paint Store and another                                  ...Petitioners
                                       Versus
Shashi Sehgal and another                                          ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:     Mr. J.S. Lalli, Advocate
             for the petitioners.

             ***

GURBIR SINGH, J. (ORAL)

1. The present revision petition has been filed under Article 227 of

the Constitution of India for setting aside the impugned order dated 01.09.2023

(Annexure P-11) passed by the Ld. Civil Judge (Jr. Division), Jalandhar

whereby an application filed by the respondents under Order 21 Rule 37 read

with Section 151 CPC (Annexure P-6) in execution petition has been allowed

and the petitioner has been directed to pay the decreetal amount.

2. After arguing for some time, learned counsel for the petitioner

submits that appeal is filed against the judgment and decree and same is

pending for 10.05.2025 before the learned Additional & District Judge-VIII,

Jalandhar. Appeal is filed along with application under Order 41 Rule 5 CPC

and another application under Order 41 Rule 27 CPC for leading additional

evidence but the same has not been decided and are pending for consideration.

He further submits that he would be satisfied if till the disposal of the

application filed under Order 41 Rule 5 CPC, the warrant of arrest issued

against the appellant is stayed.

3. I have heard the submissions of the learned counsel for the

petitioner and perused the file.

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Neutral Citation No:=2024:PHHC:048221

4. In view of the above submissions, the present petition stands

disposed of with a direction to the concerned appellate Court to decide the

application under Order 41 Rule 5 of CPC filed by the petitioner within a

period of three weeks from the next adjourned date and till the decision of the

said application, conditional warrant of arrest issued against the petitioner shall

be kept in abeyance.

                                                              (GURBIR SINGH)
09.04.2024                                                        JUDGE
Parveen kumar


                     Whether speaking/reasoned :Yes/No
                     Whether reportable        :Yes/No




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