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2025 DAILYLAW 12420 (PNJ)

SAVITRI DEVI v. SUMITRA DEVI AND OTHERS

CR/1573/2017 · 2025-09-11

Vikas Bahl

body2025

Judgment text

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CR-1573-2017(O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 250 CR-1573-2017(O&M) Date of Decision: 11.09.2025 Savitri Devi ... Petitioner VERSUS Sumitra Devi & anr. ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. HPS Ghuman, Advocate for the petitioner. Mr. Salina Chalana, Advocate , Advocate for the respondents. VIKAS BAHL , J. (ORAL) 1. The present revision petition has been filed under Article 227 of the Constitution of India for staying the dispossession of the petitioner/objector from the disputed property till the disposal of the objection petition pending in the Court of Civil Judge (Junior Division) Panipat. 2. Learned counsel for the petitioner has submitted that the petitioner had filed objections dated 20.02.2017, which have not been decided till date and the same are now pending for 30.09.2025. It is submitted that the petitioner is ready to argue the matter on 30.09.2025 or any date which the Executing Court would fix. It is further submitted that till the time, the objections are not decided, the interim order passed by the Coordinate Bench of this Court on 06.03.2017 to the effect that the dispossession of the petitioner shall remain stayed, be continued. 3. Learned counsel for the respondents, on the other hand, has submitted that the respondents are also ready to argue the objections on 30.09.2025 i.e. the date already fixed or on the date which the Executing Court MONIKA VERMA 2025.09.12 16:50 I attest to the accuracy and authenticity of this order/judgment chandigarh CR-1573-2017(O&M) -2- directs. It is submitted that the Executing Court be directed to decide the objections in a time bound manner. It is further submitted that the continuance of the interim order with respect to dispossession of the petitioner being stayed should not be construed as an expression on the merits of the case and the objections filed by the petitioner should be considered independently, after hearing both the parties 4. Keeping in view the abovesaid facts and circumstances and the fair stand taken by learned counsel for the petitioner as well as the respondents, the present petition is disposed of with a direction to the Executing Court to decide the objections dated 20.02.2017 filed by the petitioner, as expeditiously as possible, preferably within a period of two months from 30.09.2025. 5. The counsel have undertaken before this Court that the counsel appearing for both the parties will fully assist the Executing Court in the expeditious disposal of the said objections. 6. The interim order dated 06.03.2017 passed by the Coordinate Bench of this Court to the effect “In the meanwhile, dispossession of the petitioner shall remain stayed only” would continue till the time the said objections are decided. The grant and continuance of the said interim order would not be construed as an expression on the merits of the case and the objections filed by the petitioner would be decided independently, in accordance with law and after hearing both the parties. 11.09.2025 ( VIKAS BAHL) monika JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MONIKA VERMA 2025.09.12 16:50 I attest to the accuracy and authenticity of this order/judgment chandigarh