CR-5409-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 133 Naresh Kumar and others Manjeet Singh Bhuller CORAM : HON'BLE MR Present: Mr. for the petitioner Mr. Chandra Uday Singh, Advocate (through VC) Ms. Srishti Shukla, Advocate for the respondent. *** AMARINDER SINGH GREWAL 1. The present revision petition has been aside the impugned order dated Civil Judge (Junior Division), NRI, Jalandhar, District as the Executing Court) execution petition premises have been issued. 2. In brief, the facts are that 2023 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and 167 of 2023 under Section 24 of the Punjab Rent Act, 1995 The ejection petition under Section 24 of the order dated 10.05.2024 which an appeal was preferred by the petitioners wherein order dated 23.10.2024 was passed by the learned Appellate Court payment of arrears of rent and automatically vacated. No.322-2025 before this Court, which was dismi 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR Date of Decision: Naresh Kumar and others Versus Singh Bhuller HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Mr. Vijay Rana, Advocate for the petitioners. Mr. Chandra Uday Singh, Advocate (through VC) Ms. Srishti Shukla, Advocate for the respondent. *** AMARINDER SINGH GREWAL, J. (ORAL) The present revision petition has been aside the impugned order dated 25.07.2025 (Annexure P Civil Judge (Junior Division), NRI, Jalandhar, District as the Executing Court) vide which the objections filed by the petitioners execution petition have been dismissed and the warrant been issued. In brief, the facts are that two ejectment petitions be 2023 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and 167 of 2023 under Section 24 of the Punjab Rent Act, 1995 The ejection petition under Section 24 of the Punjab Rent Act, 1995 was allowed vide order dated 10.05.2024 passed by the learned Rent Controller, Jalandhar which an appeal was preferred by the petitioners wherein order dated 23.10.2024 was passed by the learned Appellate Court ordering stay payment of arrears of rent and mesne profits, failing which the stay granted shall stand automatically vacated. The said order was challenged in the revision petition bearing 2025 before this Court, which was dismi IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5409-2025 (O&M) Date of Decision:18.08.2025 ... Petitioner ... Respondent AMARINDER SINGH GREWAL Mr. Chandra Uday Singh, Advocate (through VC) The present revision petition has been filed by the petitioners for setting 25.07.2025 (Annexure P-16) passed by the learned Civil Judge (Junior Division), NRI, Jalandhar, District Jalandhar (hereinafter referred vide which the objections filed by the petitioners in the have been dismissed and the warrants of possession of demised wo ejectment petitions bearing Nos.168 2023 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and 167 of 2023 under Section 24 of the Punjab Rent Act, 1995 were filed by the respondent Punjab Rent Act, 1995 was allowed vide passed by the learned Rent Controller, Jalandhar, against which an appeal was preferred by the petitioners wherein order dated 23.10.2024 was ordering stay of the impugned order, subject to profits, failing which the stay granted shall stand The said order was challenged in the revision petition bearing 2025 before this Court, which was dismissed vide order dated 21.01.2025. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Petitioners ... Respondent setting 16) passed by the learned (hereinafter referred in the of possession of demised aring Nos.168 of 2023 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and 167 respondent. Punjab Rent Act, 1995 was allowed vide , against which an appeal was preferred by the petitioners wherein order dated 23.10.2024 was of the impugned order, subject to profits, failing which the stay granted shall stand The said order was challenged in the revision petition bearing ssed vide order dated 21.01.2025. PANKAJ KUMAR 2025.08.22 10:41 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-5409-2025 (O&M) Against the order passed in the ejection petition bearing No.168 of 2023, revision petition No.3640 of 2024 was preferred by the petitioners wherein vide order dated 03.07.2024, it has been observed that in the meanwhile, against the petitioners qua striking off their defence, till the next date of hearing. respondent has filed petition for execution of order dated 10.05.2024 objections were filed by the petitioners dated 25.07.2025 Hence, the revision petition. 3. Learned counsel for the petitioner Court has gravely erred in dismissing t observing that petitioners in terms of order dated 23.10.2024 passed by the Appellate Court and as such, stay granted in their favour dated 10.05.2024 is still pending consideration. interim order passed during the pendency of appeal and, therefore, the respondent cannot seek execution on th also preferred revision petition against the order dated 10.05.2024 before this Court in which it is observed by this Court that in the meanwhile, no coercive action be taken against the petition 23.10.2025. Thus, he prayed for setting aside of the impugned order dated 25.07.2025. 4. Notice of motion. 5. Mr. Chandra Uday Singh, Advocate with Ms. Srishti Shukla, Advocate accepts notice for the respondent and submits that the impugned order dated 25.07.2025 passed by the learned Executing Court 2025 (O&M) -2- Against the order passed in the ejection petition bearing No.168 of 2023, revision petition No.3640 of 2024 was preferred by the petitioners wherein vide order dated 03.07.2024, it has been observed that in the meanwhile, against the petitioners qua striking off their defence, till the next date of hearing. respondent has filed petition for execution of order dated 10.05.2024 objections were filed by the petitioners-judgment debtor dated 25.07.2025 passed by the Executing Court, said objections have been dismissed. Hence, the revision petition. Learned counsel for the petitioners has gravely erred in dismissing the objections filed by the petitioners by that petitioners-JDs have failed to pay the arrears of rent and in terms of order dated 23.10.2024 passed by the Appellate Court and as such, stay granted in their favour automatically stands vacated. dated 10.05.2024 is still pending consideration. interim order passed during the pendency of appeal and, therefore, the respondent cannot seek execution on the basis of interim order. also preferred revision petition against the order dated 10.05.2024 before this Court in which it is observed by this Court that in the meanwhile, no coercive action be taken against the petitioners qua striking off their defence till the next date of hearing i.e. 23.10.2025. Thus, he prayed for setting aside of the impugned order dated Notice of motion. Mr. Chandra Uday Singh, Advocate with Ms. Srishti Shukla, Advocate s notice for the respondent and submits that the impugned order dated 25.07.2025 passed by the learned Executing Court Against the order passed in the ejection petition bearing No.168 of 2023, revision petition No.3640 of 2024 was preferred by the petitioners wherein vide order dated 03.07.2024, it has been observed that in the meanwhile, no coercive action be taken against the petitioners qua striking off their defence, till the next date of hearing. respondent has filed petition for execution of order dated 10.05.2024 in which judgment debtors and vide impugned order , said objections have been dismissed. s submits that the learned Executing he objections filed by the petitioners by JDs have failed to pay the arrears of rent and mesne profits in terms of order dated 23.10.2024 passed by the Appellate Court and as such, stay automatically stands vacated. The appeal against the order dated 10.05.2024 is still pending consideration. The order dated 23.10.2024 is an interim order passed during the pendency of appeal and, therefore, the respondent- e basis of interim order. Furthermore, the petitioners have also preferred revision petition against the order dated 10.05.2024 before this Court in which it is observed by this Court that in the meanwhile, no coercive action be taken their defence till the next date of hearing i.e. 23.10.2025. Thus, he prayed for setting aside of the impugned order dated Mr. Chandra Uday Singh, Advocate with Ms. Srishti Shukla, Advocate s notice for the respondent and submits that the impugned order dated 25.07.2025 passed by the learned Executing Court is just and legal and, therefore, it Against the order passed in the ejection petition bearing No.168 of 2023, revision petition No.3640 of 2024 was preferred by the petitioners wherein vide order dated no coercive action be taken The in which s and vide impugned order , said objections have been dismissed. Executing he objections filed by the petitioners by profits in terms of order dated 23.10.2024 passed by the Appellate Court and as such, stay The appeal against the order The order dated 23.10.2024 is an -DH Furthermore, the petitioners have also preferred revision petition against the order dated 10.05.2024 before this Court in which it is observed by this Court that in the meanwhile, no coercive action be taken their defence till the next date of hearing i.e. 23.10.2025. Thus, he prayed for setting aside of the impugned order dated Mr. Chandra Uday Singh, Advocate with Ms. Srishti Shukla, Advocate s notice for the respondent and submits that the impugned order dated is just and legal and, therefore, it PANKAJ KUMAR 2025.08.22 10:41 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CR-5409-2025 (O&M) does not require any interference. Thus, he prays for dismissal of the revision petition. 6. Havin book, this Court finds no irregularity and infirmity in the impugned order dated 25.07.2025 passed by the learned of the decree in the appeal preferred by the petitioners entitled to seek execution of the decree. judicial process and without a stay from an Court is bound to proceed with the execution application filed by the decree holder. Vide order dated 23.10.2024 passed by the Appellate Court, order dated 10.05.2024 mesne profits, failing Admittedly, the aforesaid order dated 23.10.2024 was not complied rent and mesne passed in CR No. be taken against the petitioners qua striking of their defence, till the next date of hearing before this Court, meaning thereby, there is no specific stay of the decree and in the absence of the same, the learned Executing Court has rightly proceeded with the execution petition. 7. In view of the above, impugned order dated 25.07.2025 is affirmed and the revision petition stands dismissed. 8. Misc. application(s) pending, if any, stands August 18, 2025 Pankaj* 2025 (O&M) -3- does not require any interference. Thus, he prays for dismissal of the revision Having heard learned counsel for the petitioners and perusing the paper book, this Court finds no irregularity and infirmity in the impugned order dated 25.07.2025 passed by the learned Executing Court in the appeal preferred by the petitioners entitled to seek execution of the decree. The right to execute a decree is inherent to the judicial process and without a stay from an appellate or higher court, the Executing ound to proceed with the execution application filed by the decree holder. Vide order dated 23.10.2024 passed by the Appellate Court, order dated 10.05.2024 was conditional, subject to payment failing which the stay granted was ordered to be automatically vacated. Admittedly, the aforesaid order dated 23.10.2024 was not complied mesne profits were not paid. Furthermore, vide order dated 03.07.2024 passed in CR No.3640 of 2024 by this Court, it was be taken against the petitioners qua striking of their defence, till the next date of hearing before this Court, meaning thereby, there is no specific stay of the decree and of the same, the learned Executing Court has rightly proceeded with the execution petition. In view of the above, impugned order dated 25.07.2025 is affirmed and the revision petition stands dismissed. Misc. application(s) pending, if any, stands (AMARINDER SINGH GREWAL , 2025 Whether speaking/reasoned Whether reportable does not require any interference. Thus, he prays for dismissal of the revision g heard learned counsel for the petitioners and perusing the paper book, this Court finds no irregularity and infirmity in the impugned order dated Executing Court. In the absence of any specific in the appeal preferred by the petitioners-JDs, the respondent-DH is The right to execute a decree is inherent to the appellate or higher court, the Executing ound to proceed with the execution application filed by the decree holder. Vide order dated 23.10.2024 passed by the Appellate Court, stay of operation of the was conditional, subject to payment of arrears of rent and the stay granted was ordered to be automatically vacated. Admittedly, the aforesaid order dated 23.10.2024 was not complied with, as arrears of . Furthermore, vide order dated 03.07.2024 3640 of 2024 by this Court, it was observed that no coercive action be taken against the petitioners qua striking of their defence, till the next date of hearing before this Court, meaning thereby, there is no specific stay of the decree and of the same, the learned Executing Court has rightly proceeded with the In view of the above, impugned order dated 25.07.2025 is affirmed and Misc. application(s) pending, if any, stands disposed of. AMARINDER SINGH GREWAL JUDGE : Yes/No : Yes/No does not require any interference. Thus, he prays for dismissal of the revision g heard learned counsel for the petitioners and perusing the paper book, this Court finds no irregularity and infirmity in the impugned order dated stay DH is The right to execute a decree is inherent to the appellate or higher court, the Executing ound to proceed with the execution application filed by the decree holder. operation of the of arrears of rent and the stay granted was ordered to be automatically vacated. , as arrears of . Furthermore, vide order dated 03.07.2024 action be taken against the petitioners qua striking of their defence, till the next date of hearing before this Court, meaning thereby, there is no specific stay of the decree and of the same, the learned Executing Court has rightly proceeded with the In view of the above, impugned order dated 25.07.2025 is affirmed and AMARINDER SINGH GREWAL) PANKAJ KUMAR 2025.08.22 10:41 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh