112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6391-2025 (O&M) Date of Decision: September 12, 2025 Bhishamber Lal @ Bishambar Ram …Pe44oner Versus Onkar Singh …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Kashmir Singh, Advocate for the peoner. DEEPAK GUPTA , J.(Oral) Peoner herein is the judgment debtor in execuon peon No.196 of 2024, tled as “Onkar Singh v. Bishambar Ram”pending before learned Civil Judge (Jr. Divn.), Hoshiarpur. He is aggrieved by the order dated 21.08.2025 (Annexure P-6), whereby his objecons against the execuon have been dismissed. 2. Learned counsel for the peoner submits that in the suit filed by the plainff-decree holder (respondent herein), a decree dated 19.10.2024 (Annexure P-1) was passed by the trial Court, whereby defendant, i.e. peoner herein was directed to hand over the vacant possession of the suit property to the plainff within two months. Learned counsel submits that before the expiry of the said period of two months, peoner filed an appeal on 27.11.2024 (copy Annexure P-2), along with an applicaon under Order 41 Rule 5 CPC. The respondent of the appeal even filed reply to the said applicaon. However, in the meanme, the decree holder, i.e. respondent of the appeal filed an execuon, wherein objecons were filed by the peoner-judgment debtor to the effect that his appeal along with applicaon for stay was pending and so the execuon proceedings could not be taken further. However, said objecons have been Sarita Rani 2025.09.12 15:09 I attest to the accuracy of this document/order CR-6391-2025 (O&M) - 2 - 2025:PHHC:125645 dismissed by way of the impugned order dated 21.08.2025 (Annexure P-6) by observing that there was no stay from the appellate Court and that mere pendency of appeal does not automacally stay the execuon proceedings. Learned counsel further submits that the very purpose of filing the appeal shall be defeated, in case the decree passed by the trial Court is implemented as even applicaon under Order 41 Rule 5 CPC moved by the peoner has not been disposed of by the appellate Court ll date. 3. Having considered submissions of learned counsel, the present revision peon is hereby disposed of with a direcon to the appellate Court to dispose of the applicaon of the peoner filed under Order 41 Rule 5 CPC expediously. It is further directed that ll the disposal of the said applicaon under Order 41 Rule 5 CPC in the appeal filed by the peoner, the execuon proceedings shall be kept in abeyance. Since this order has been passed without issuing any noce to the respondent-decree holder, he will be at liberty to approach this Court, in case he feels aggrieved by this order. September 12, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.09.12 15:09 I attest to the accuracy of this document/order