124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6560-2025 (O&M) DATE OF DECISION : 16.09.2025 PURSHOTAM KUMAR ... PETITIONER V/S CHANDERKANTA ... RESPONDENT CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Sanjiv Gupta, Advocate for the petitioner. * * * PARMOD GOYAL , J. (ORAL) Present revision petition has been preferred by petitioner-tenant against the order passed by the Executing Court vide impugned order dated 10.09.2025 (Annexure P-6). The objections filed on behalf of judgement- debtor were dismissed by the Executing Court as the sole ground taken by objector was that his appeal is pending before the First Appellate Court and therefore, decree be not executed. However, the learned Executing Court has not accepted the plea and had dismissed the objections and has proceeded with the execution petition. 2. Admittedly, the Executing Court is proceeding to execute the judgment and decree dated 29.11.2023 vide which tenant – judgment-debtor was evicted from tenanted shop and was directed to hand over possession within two months. Judgement-debtor/petitioner had accordingly preferred an appeal and notice of appeal was duly issued to respondent-landlord vide order dated 02.01.2024. It is the case of petitioner that his application under Order 41 Rule 5 is also pending before the Appellate Court. 3. However, the same has not been decided till date and now is JANKI BHATT 2025.09.16 20:59 I attest to the accuracy and integrity of this document High Court Chandigarh CR-6560-2025 (O&M) -2- fixed for 20.09.2025. 4. I do not find any error in the impugned order dated 10.09.2025 (Annexure P-6). There is no vested right in a judgement-debtor to seek stay of execution pending before the Executing Court merely, because appeal is pending before the First Appellate Court or Second Appellate Court. The Executing Court is bound to execute judgement and decree placed before it in accordance with law, subject to any interim orders passed by Appellate /Revisional authorities. Unless there is a stay, the Executing Court has no right to stay the proceedings by itself only on the ground that appeal is pending. Therefore, no error in the impugned order dated 10.09.2025 can be found. 5. However, keeping in view the fact that application of petitioner for grant of stay is pending before the Appellate Court on 20.09.2025, I feel it appropriate to direct the learned Executing Court not to execute warrants of possession till 22.09.2025, subject to orders passed by Appellate Court. In case, no stay order is passed by the learned Appellate Court, the Executing Court shall be free to proceed in accordance with law. 6. The present petition is dismissed with above directions. 7. Copy of this order be issued under the signatures of Bench Secretary. 16.09.2025 (PARMOD GOYAL) Janki JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2025.09.16 20:59 I attest to the accuracy and integrity of this document High Court Chandigarh