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2025 DAILYLAW 93857 (PNJ)

JAGMOHAN SINGH KAILEY v. FAKIRIA MOHD AND OTHERS

CR/5881/2025 · 2025-08-28

Sudeepti Sharma

body2025

Judgment text

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CR-5881-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR-5881-2025 (O&M) Date of Decision: August 28, 2025 Jagmohan Singh Kailey (since deceased) through her legal representative Jaspinder Singh Kailey ......Petitioner Vs. Fakira Mohd. and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Aayush Gupta, Advocate for the petitioner. **** SUDEEPTI SHARMA J. (Oral) 1. The present revision petition is filed for setting aside order dated 16.07.2025 passed by learned Appellate Authority-cum-Addl. District Judge, Ludhiana in a case bearing No. RA-107-2025, whereby the learned Appellate Court has stayed the execution of ejectment order. 2. Learned counsel for the petitioner contends that the petitioner is owner of the property in question and the learned Rent Controller has passed the judgment in her favour, vide order/judgment dated 05.04.2025. However, the learned Appellate Authority vide impugned order dated 16.07.2025 in a case bearing No. RA-107-2025 without appreciating the fact that the petitioner is not getting rent since 2007, stayed the execution proceedings. He, therefore prays that at least the Appellate Authority should have considered that she has not received the rent since last 18 years. Further prayer of the petitioner in the present revision petition is that the Appellate Authority be directed to decide the appeal of the respondent in a time bound manner. GAURAV ARORA 2025.09.01 10:28 I attest to the accuracy and integrity of this document CR-5881-2025 (O&M) 2 3. I have heard learned counsel for the petitioner and perused the whole file of this case with his able assistance. 4. Since the order dated 16.07.2025 passed by learned Appellate Authority-cum-Addl. District Judge, Ludhiana in a case bearing No. RA-107-2025, is a well reasoned order, I do not find any infirmity in the same, therefore, the present revision petition is dismissed. However, since the petitioner is a widow and the only source of the petitioner is the rental income from the property in question, therefore, it is expected from the learned Appellate Authority-cum-Addl. District Judge, Ludhiana to decide the appeal of the respondent expeditiously preferably within a period of one year from today. 5. Pending application (s), if any also stands disposed of. August 28, 2025 (SUDEEPTI SHARMA) Gaurav Arora JUDGE Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No GAURAV ARORA 2025.09.01 10:28 I attest to the accuracy and integrity of this document