[129] Dharam Singh Inderpal Singh and another Coram : Present: VIRINDER AGGARWAL [1] the Constitution of India seeking a direction to the learned Appellate Court to decide 25.09.2025, as execution proceedings are pending before the Executing Court. It is submitted that in the event execution of the impugned judgment and decree is not stayed, the appeal would be as warrants of possession have already been issued for 25.09.2025. [2] the appeal along with an application seeking condonation of delay, which is pending ad cannot proceed to decide the stay application. Considering that the application for condonation of delay is listed for 30.09.2025, whereas the Executing Court has issued warrants of p apparent that if the warrants are executed, the petitioner’s appeal would be rendered redundant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6736- Date of Decision : Dharam Singh versus Inderpal Singh and another HON’BLE MR. JUSTICE VIRINDER AGGARWAL Mr. Sudhir Aggarwal, Advocate for the petitioner. **** VIRINDER AGGARWAL, J. (ORAL) The petitioner has filed the present petition under Article 227 of the Constitution of India seeking a direction to the learned Appellate Court to decide the stay application filed in Civil Appeal No.161 of 2025 before 25.09.2025, as execution proceedings are pending before the Executing Court. It is submitted that in the event execution of the impugned judgment and decree is not stayed, the appeal would be as warrants of possession have already been issued for 25.09.2025. A perusal of the record reveals that the petitioner has preferred the appeal along with an application seeking condonation of delay, which is pending adjudication. Unless the delay is condoned, the Appellate Court cannot proceed to decide the stay application. Considering that the application for condonation of delay is listed for 30.09.2025, whereas the Executing Court has issued warrants of p apparent that if the warrants are executed, the petitioner’s appeal would be redundant. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -2025 Date of Decision : 22.09.2025 …Petitioner ….Respondents JUSTICE VIRINDER AGGARWAL Advocate for the petitioner. The petitioner has filed the present petition under Article 227 of the Constitution of India seeking a direction to the learned Appellate Court the stay application filed in Civil Appeal No.161 of 2025 before 25.09.2025, as execution proceedings are pending before the Executing Court. It is submitted that in the event execution of the impugned judgment and decree is not stayed, the appeal would be rendered infructuous inasmuch as warrants of possession have already been issued for 25.09.2025. A perusal of the record reveals that the petitioner has preferred the appeal along with an application seeking condonation of delay, which is judication. Unless the delay is condoned, the Appellate Court cannot proceed to decide the stay application. Considering that the application for condonation of delay is listed for 30.09.2025, whereas the Executing Court has issued warrants of possession for 25.09.2025, it is apparent that if the warrants are executed, the petitioner’s appeal would be The petitioner has filed the present petition under Article 227 of the Constitution of India seeking a direction to the learned Appellate Court the stay application filed in Civil Appeal No.161 of 2025 before 25.09.2025, as execution proceedings are pending before the Executing Court. It is submitted that in the event execution of the impugned judgment rendered infructuous inasmuch A perusal of the record reveals that the petitioner has preferred the appeal along with an application seeking condonation of delay, which is judication. Unless the delay is condoned, the Appellate Court cannot proceed to decide the stay application. Considering that the application for condonation of delay is listed for 30.09.2025, whereas the ossession for 25.09.2025, it is apparent that if the warrants are executed, the petitioner’s appeal would be RAJNEESH SHARMA 2025.09.22 16:56 I attest to the accuracy and integrity of this document CR-6736- [3] of the warrants of posse meantime, the learned First Appellate Court is requested to dispose of the application for condonation of delay, and in case the delay is condoned, consider and decide the petitioner’s stay application [4] 22.09.2025 ‘R. Sharma' -2025 In these circumstances, and in the interest of justice, execution of the warrants of possession shall remain stayed till 15.10.2025. In the meantime, the learned First Appellate Court is requested to dispose of the application for condonation of delay, and in case the delay is condoned, consider and decide the petitioner’s stay application Present petition stands disposed of. 22.09.2025 Whether speaking/ reasoned Whether reportable -2- In these circumstances, and in the interest of justice, execution ssion shall remain stayed till 15.10.2025. In the meantime, the learned First Appellate Court is requested to dispose of the application for condonation of delay, and in case the delay is condoned, then consider and decide the petitioner’s stay application expeditiously. Present petition stands disposed of. (VIRINDER AGGARWAL JUDGE : Yes/No : Yes/No In these circumstances, and in the interest of justice, execution ssion shall remain stayed till 15.10.2025. In the meantime, the learned First Appellate Court is requested to dispose of the then VIRINDER AGGARWAL) RAJNEESH SHARMA 2025.09.22 16:56 I attest to the accuracy and integrity of this document