Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 32985 (PNJ)

SATISH CHAWLA v. BALDEV KRISHAN

CR/1534/2025 · 2025-07-07

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CR-1534-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 250 Satish Chawla Baldev Krishan Proprietor M/s CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India, has been filed by the petitioner issuance of a direction disposal of the Chawla vs. Decree Holder for Authority, Ludhiana whereby the Ejectment respondent was allowed and the premises of the shop bearing No.B vacant possession to the petitioner within been made for issuance of a dir ₹43,16,000/ 02.04.2024 as expeditiously 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1534 Date of Decision: Satish Chawla Versus Baldev Krishan Proprietor M/s Shree Ram Collection CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Lakshay Bector, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) The present revision petition under Article 227 of the Constitution of India, has been filed by the petitioner issuance of a direction to the learned Executing Court for expeditious disposal of the Execution Petition No.1965 of 2024 titled as vs. Baldev Krishan’ (Annexure P Decree Holder for execution of the decree passed by the learned Rent Authority, Ludhiana vide order dated 02. whereby the Ejectment Petition filed by the petiti respondent was allowed and the respondent was directed to vacate the premises of the shop bearing No.B-IV-2002 vacant possession to the petitioner within been made for issuance of a direction to the respondent 43,16,000/- as arrears of rent along with interest @ 15% from 4.2024 as expeditiously as possible in a time bound manner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1534-2025 (O&M) Date of Decision: 07.07.2025 .… Petitioner Shree Ram Collection .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Lakshay Bector, Advocate for the petitioner. The present revision petition under Article 227 of the Constitution of India, has been filed by the petitioner-landlord for to the learned Executing Court for expeditious tion No.1965 of 2024 titled as ‘Satish (Annexure P-4) filed by the Petitioner- execution of the decree passed by the learned Rent vide order dated 02.04.2024 (Annexure P-2) Petition filed by the petitioner against the respondent was directed to vacate the 2002-2003 and hand over its one month. Further, prayer has ection to the respondent to pay arrears of rent along with interest @ 15% from as possible in a time bound manner. The present revision petition under Article 227 of the landlord for to the learned Executing Court for expeditious Satish execution of the decree passed by the learned Rent 2) oner against the respondent was directed to vacate the 2003 and hand over its prayer has to pay arrears of rent along with interest @ 15% from RISHU KATARIA 2025.07.09 09:04 I attest to the accuracy and authenticity of this order/judgment. CR-1534-2025 (O&M) 2. was listed, following order was p 2025 (O&M) -2- On the last date of hearing i.e. 08.04.2025, when this case was listed, following order was passed by this Court: “CM-6754-CII-2025 This is an application for preponement of the date of hearing fixed in the main petition i.e. 19.11.2025. In view of the reasons mentioned in the application, the same is allowed and the main petition fixed for 19.11.2025 is preponed for 07.7.2025. Prayer in the main Civil Revision Petition is for issuance of a direction to the learned Executing Court for expeditious disposal of the Execution Petition No.1965 of 2024 titled as “Satish Chawla vs. Baldev (Annexure P-4) filed by the Petitioner execution of the decree passed by the learned Rent Authority, Ludhiana vide order dated 02.4.2024 (Annexure P whereby the Ejectment Petition filed by the petitioner against the respondent was allowed and the to vacate the premises of the shop bearing No.B 2003 and hand over its vacant possession to the petitioner within one month and further directed the respondent to pay Rs.43,16,000/- as arrears of rent along with from 02.4.2024 as expeditiously manner. In the meantime, the Executing Court is directed to send the status report to this Court well before the date fixed, especially keeping in mind Annexure P present petition. The Registry is directed to intimate the learned Executing Court concerned about this order and supply a photocopy of Annexure P-7 to the learned Executing Court concerned so that the learned Executing position to furnish the exact status report in the matter. On the last date of hearing i.e. 08.04.2025, when this case assed by this Court:- This is an application for preponement of the date of fixed in the main petition i.e. 19.11.2025. In view of the reasons mentioned in the application, is allowed and the main petition fixed for 07.7.2025. Prayer in the main Civil Revision Petition is for direction to the learned Executing Court for Execution Petition No.1965 of 2024 titled as “Satish Chawla vs. Baldev Krishan” 4) filed by the Petitioner-Decree Holder for execution of the decree passed by the learned Rent Authority, vide order dated 02.4.2024 (Annexure P-2) Petition filed by the petitioner against wed and the respondent was directed to vacate the premises of the shop bearing No.B-IV-2002- 2003 and hand over its vacant possession to the petitioner one month and further directed the respondent to pay arrears of rent along with interest @ 15% from 02.4.2024 as expeditiously as possible in a time bound In the meantime, the Executing Court is directed to status report to this Court well before the date fixed, mind Annexure P-7, annexed with the The Registry is directed to intimate the learned Court concerned about this order and supply a 7 to the learned Executing Court concerned so that the learned Executing Court may be in a urnish the exact status report in the matter.” On the last date of hearing i.e. 08.04.2025, when this case This is an application for preponement of the date of In view of the reasons mentioned in the application, is allowed and the main petition fixed for Prayer in the main Civil Revision Petition is for direction to the learned Executing Court for Execution Petition No.1965 of Krishan” execution of the decree passed by the learned Rent Authority, 2) Petition filed by the petitioner against respondent was directed one month and further directed the respondent to pay interest @ 15% as possible in a time bound In the meantime, the Executing Court is directed to status report to this Court well before the date fixed, the The Registry is directed to intimate the learned Court concerned about this order and supply a 7 to the learned Executing Court Court may be in a RISHU KATARIA 2025.07.09 09:04 I attest to the accuracy and authenticity of this order/judgment. CR-1534-2025 (O&M) 3. issued to the respondent However, none has put in appearance on his behalf. Further, in compliance forwarded by the learned District and Sessions Judge, Ludhiana, has also been received from the learned Civil Judge (Junior Division)/Rent Authority, Ludhiana therefore, the Execution Petition (Annexure P 4. reveals that the petitioner/Decree application as far as back on zimni order dated 06.08.2024 (at page 64 of the paper the matter 20.09.2024 13.12.2024, 15.01.2025, 04.02.2025 and 17.02.2025 review applicant/respondent herein. Annexure P that the Execution Petition (Annexure P reason that review application is pending adjudication before the learned Executing Court. 5. landlord that the petitioner is a 90% disabled person respondent petitioner has no other source of income. Thus, it is prayed tha petition may be disposed of with a direction to the learned Executing 2025 (O&M) -3- Pursuant thereto, office report indicates that ordinary notice issued to the respondent-tenant has been received back duly served. However, none has put in appearance on his behalf. Further, in compliance of the order reproduced above, report dated 29.04.2025 duly forwarded by the learned District and Sessions Judge, Ludhiana, has also been received from the learned Civil Judge (Junior Division)/Rent Authority, Ludhiana, informing that as, the review appli therefore, the Execution Petition (Annexure P However, perusal of the zimni reveals that the petitioner/Decree-Holder had filed reply to the review application as far as back on 06.08.2024, as is evident from the copy of order dated 06.08.2024 (at page 64 of the paper was repeatedly adjourned for 20.09.2024, 10.10.2024, 06.11.2024, 07.11.2024, 21.11.2024, 03.12.2024, 13.12.2024, 15.01.2025, 04.02.2025 and 17.02.2025 review applicant/respondent herein. Further, perusal Annexure P-5 (Colly.) from dated 18.05.2024 till17.02.2025, indicates Execution Petition (Annexure P- reason that review application is pending adjudication before the learned Executing Court. It is pointed out by learned counsel for the petitioner landlord that the petitioner is a 90% disabled person respondent-tenant is in arrears of rent of almost petitioner has no other source of income. Thus, it is prayed tha petition may be disposed of with a direction to the learned Executing Pursuant thereto, office report indicates that ordinary notice tenant has been received back duly served. However, none has put in appearance on his behalf. Further, in of the order reproduced above, report dated 29.04.2025 duly forwarded by the learned District and Sessions Judge, Ludhiana, has also been received from the learned Civil Judge (Junior Division)/Rent the review application is pending, therefore, the Execution Petition (Annexure P-4) is not being disposed of. zimni orders Annexure P-6 (Colly.) Holder had filed reply to the review 4, as is evident from the copy of order dated 06.08.2024 (at page 64 of the paper-book). Thereafter adjourned for 11 dates i.e. on 30.08.2024, , 06.11.2024, 07.11.2024, 21.11.2024, 03.12.2024, 13.12.2024, 15.01.2025, 04.02.2025 and 17.02.2025, at the request of the Further, perusal of zimni orders Colly.) from dated 18.05.2024 till17.02.2025, indicates -4) is being adjourned for the reason that review application is pending adjudication before the learned s pointed out by learned counsel for the petitioner- landlord that the petitioner is a 90% disabled person; and that the tenant is in arrears of rent of almost ₹50,00,000/-; and the petitioner has no other source of income. Thus, it is prayed that the instant petition may be disposed of with a direction to the learned Executing Pursuant thereto, office report indicates that ordinary notice tenant has been received back duly served. However, none has put in appearance on his behalf. Further, in of the order reproduced above, report dated 29.04.2025 duly forwarded by the learned District and Sessions Judge, Ludhiana, has also been received from the learned Civil Judge (Junior Division)/Rent cation is pending, 6 (Colly.) Holder had filed reply to the review 4, as is evident from the copy of book). Thereafter 30.08.2024, , 06.11.2024, 07.11.2024, 21.11.2024, 03.12.2024, at the request of the orders Colly.) from dated 18.05.2024 till17.02.2025, indicates is being adjourned for the reason that review application is pending adjudication before the learned and that the and the t the instant petition may be disposed of with a direction to the learned Executing RISHU KATARIA 2025.07.09 09:04 I attest to the accuracy and authenticity of this order/judgment. CR-1534-2025 (O&M) Court to dispose of the Execution Petition (Annexure P in a time bound manner. 6. disposed of Division)/Executing Court, Ludhiana, to decide the No.1965 of 2024 titled as ‘ P-4), filed by the petitioner herein expeditiously and prefera period of 03 months from the date of receipt of certified copy of this order. 7. 07.07.2025 rishu 2025 (O&M) -4- Court to dispose of the Execution Petition (Annexure P in a time bound manner. In view of the above, the present revision petition is disposed of with a direction to the learned Civil Judge (Junior Division)/Executing Court, Ludhiana, to decide the No.1965 of 2024 titled as ‘Satish Chawla vs. , filed by the petitioner herein expeditiously and prefera period of 03 months from the date of receipt of certified copy of this Pending application(s), if any, shall also stand disposed of. .2025 Whether speaking/reasoned Whether Reportable Court to dispose of the Execution Petition (Annexure P-4) expeditiously In view of the above, the present revision petition is with a direction to the learned Civil Judge (Junior Division)/Executing Court, Ludhiana, to decide the Execution Petition vs. Baldev Krishan’ (Annexure , filed by the petitioner herein expeditiously and preferably within a period of 03 months from the date of receipt of certified copy of this Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No 4) expeditiously In view of the above, the present revision petition is with a direction to the learned Civil Judge (Junior tion (Annexure bly within a period of 03 months from the date of receipt of certified copy of this RISHU KATARIA 2025.07.09 09:04 I attest to the accuracy and authenticity of this order/judgment.