209 ISHWAR DASS RAKESH KUMAR AND OTHERS CORAM: Present: HARPREET KAUR JEEWAN, J. (Oral) 1. proceedings against the respondents for willfully disobeying the interim order dated 10.08.2023 (Annexure P No.255 of 2023 to non-applicant the Executing Court are to be stayed. 2. the said order having been passed by this Court, the bailiff of the de handed over the possession order dated 10.08.2023 (Annexure P IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-3209 Date of Decision : 11 ISHWAR DASS VERSUS RAKESH KUMAR AND OTHERS CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Ms. Rakhi Sharma, Legal aid counsel for the petitioner. Mr. Amit Jaswal, Advocate for respondents No.1 and 2. Mr. Amandeep S. Talwar, Advocate with Mr. Adhiraj Bhandari, Advocate Advocate for the respondent No.3 *** HARPREET KAUR JEEWAN, J. (Oral) The instant petition has been filed for initiation of contempt proceedings against the respondents for willfully disobeying the interim order dated 10.08.2023 (Annexure P-2) passed in No.255 of 2023 wherein, notice of the application was ordered to be issued applicant /respondents and in the meantime, the proceedings before the Executing Court are to be stayed. It is alleged by the learned counsel for the the said order having been passed by this Court, the bailiff of the de handed over the possession to the respondents in dated 10.08.2023 (Annexure P-2). IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 3209-2023 (O&M) Date of Decision : 11-09-2025 ........Petitioner VERSUS ........Respondent(s) JUSTICE HARPREET KAUR JEEWAN Rakhi Sharma, Legal aid counsel Amandeep S. Talwar, Advocate with Mr. Adhiraj Bhandari, Advocate the respondent No.3. HARPREET KAUR JEEWAN, J. (Oral) The instant petition has been filed for initiation of contempt proceedings against the respondents for willfully disobeying the interim 2) passed in CM No.8822-C in RSA , notice of the application was ordered to be issued /respondents and in the meantime, the proceedings before It is alleged by the learned counsel for the petitioner that despite the said order having been passed by this Court, the bailiff of the decree to the respondents in wilful disobedience of the ........Respondent(s) JUSTICE HARPREET KAUR JEEWAN The instant petition has been filed for initiation of contempt proceedings against the respondents for willfully disobeying the interim RSA , notice of the application was ordered to be issued /respondents and in the meantime, the proceedings before petitioner that despite cree wilful disobedience of the SAPNA GOYAL 2025.09.16 17:31 I attest to the accuracy and integrity of this document COCP-3209-2023 (O&M) -2- 3. I have considered the aforesaid submissions and perused the paperbook. 4. The Regular Second Appeal No.255 of 2023 is still pending, which in fact is not disputed by any of the parties. 5. The matter requires recording of the evidence to conclude as to whether the order dated 10.08.2023 (Annexure P-1) has been violated. 6. In view of the allegations, the petitioner has a remedy to approach the Civil Court under Order 39 Rule 2, 2A of CPC rather than approaching this Court. 7. In view of the above facts and circumstances and the decision by the larger Bench dated 14.10.2024 in CACP-20-2016, titled as Rajbir and others Vs. Raj Singh (since deceased) through LRs, present petition is disposed of with liberty to the petitioner to avail appropriate alternate remedy, as per law. 5. Rule stands discharged. 6. Pending miscellaneous applications, if any, shall stand disposed of. 11-09-2025 Sapna Goyal (HARPREET KAUR JEEWAN) JUDGE NOTE: Whether speaking: YES Whether reportable: NO SAPNA GOYAL 2025.09.16 17:31 I attest to the accuracy and integrity of this document