KAILASHWATI MEHRA @ ASHA MEHRA v. M/S SHAHZADA NAND AND SONS FINANCER AND CHIT FUND PVT LTD AND ANOTHER
CR/6658/2025 · 2025-09-19
Deepak Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102470 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102470 (PNJ) · dailylaw.ai ]
Judgment text
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CR-6658-2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-6658-2025 Date of decision: 19.09.2025 Kailash Wa Mehra @ Asha Mehra ...Peoner Versus M/s Shahzada Nand & Sons Financiers and Chit Fund Pvt. Ltd. through its Partner and another ...Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Prateek Sodhi, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL)
1. Peoner herein is the decree holder in the execuon tled Kailash Wa Mehra Vs. M/s Shahzada Nand and sons.
2. By way of this peon, he seeks direcon to direct the concerned Execung Court to decide CM-741-2022 filed for the revival of the said execuon, which was adjourned sine die vide order dated
03.05.2018.
3.
Learned counsel contends that the respondent was a tenant under the peoner. In ejectment peon filed by the peoner, evicon orders were passed way back in 2007, which were upheld up to this Court in July 2015. Respondent was held liable to pay mesne profits at the rate of ₹1,00,000/- per month which were never paid, though the peoner got the possession on 07.01.2016. Civil suit for recovery of mesne profits to the tune of ₹36,00,000/- filed by the plainff was decreed on 07.12.2017 along with interest. Appeal of the respondent was dismissed on 14.11.2022. Peoner had filed execuon peon No.46 of 2018 which was adjourned Yogesh Mehta 2025.09.19 17:40 I agree to specified portions of this document
CR-6658-2025 [2] sine die on 03.05.2018 due to stay by the First Appellate Court and therefore, aBer dismissal of the appeal by the First Appellate Court, peoner moved the aforesaid CM-741-2022, seeking the revival of the execuon. However, the said applicaon has not been decided ll date.
Learned counsel further submits that peoner is a senior cizen of 86 years of age and is being deprived of the fruits of the money decree of Rs.36,00,000/- passed in her favour.
4.
Learned counsel is also candid enough to inform that against the Appellate Court decree dated 14.11.2022 an appeal was filed by the respondent which is pending before this Court, but submits that no noce of moon has been issued nor any stay has been granted ll date.
5. Having noced all the aforesaid circumstances, the present peon is hereby disposed of by direcng the concerned Execung Court to decide the applicaon for revival of the execuon within a period of one month posively from today, in accordance with law. 19.09.2025 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Yogesh Mehta 2025.09.19 17:40 I agree to specified portions of this document