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2025 DAILYLAW 97932 (PNJ)

DILBAG v. BHIM SINGH DECEASED THROUGH LRS AND OTHERS

CR/6112/2025 · 2025-09-03

Vikas Bahl

body2025

Judgment text

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CR-6112-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CR-6112-2025 Date of decision : 03.09.2025 Dilbag ... Petitioner Versus Bhim Singh (since deceased) through his LRs & others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr.Akshay Kumar Jindal, Advocate and Mr.Vrishank Suri, Advocate for the petitioner. VIKAS BAHL, J.(ORAL) 1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dated 21.08.2025 (Annexure P-10) passed by the Additional Civil Judge (Sr.Div.), Jhajjar, vide which the objection petition filed by the petitioner-judgment debtor has been dismissed. 2. Learned counsel for the petitioner has made a limited prayer before this Court. It is submitted that against the judgment and decree dated 15.02.2024, the petitioner had filed an appeal along with an application for stay and an application for condonation of delay and the Ist Appellate Court vide order dated 18.12.2024 after noticing that there were arguable points in the appeal, was pleased to admit the same for hearing and had issued notice Davinder Kumar 2025.09.05 10:14 I attest the accuracy and authenticity of this order / judgment CR-6112-2025 2 in the appeal as well as in both the applications for 08.01.2025. It is submitted that respondent no.3 in the appeal, who is plaintiff no.3-Wazir, has been served and is represented by counsel. It is further submitted that respondent no.2 in the appeal, who is plaintiff no.2, has died and his legal representatives i.e., 2(i), 2(iii) and (iv) are being represented by counsel and respondent no.2(ii), has been proceeded against ex-parte. It is further submitted that respondent no.1-Bhim Singh, who was plaintiff no.1 in the suit, has also died and an application was filed by the petitioner for bringing on record his LRs but the respondents in the appeal are yet to file reply to the said application and the case is now pending for 06.09.2025. It is submitted that on the other hand, the Executing Court had issued warrants of possession vide order dated 17.05.2025. It is submitted that in the said circumstances, the Ist Appellate Court be requested to decide the application for stay as well as the application under Section 5 of the Limitation Act for condonation of delay and the application for bringing on record the LRs of respondent no.1 filed by the petitioner, as expeditiously as possible. 3. Keeping in view the above said facts and circumstances, the present petition is disposed of and the Ist Appellate Court is requested to decide the application with respect to bringing on record the LRs of respondent no.1, application for condonation of delay as well as application for stay as expeditiously as possible by giving short dates. All the counsel appearing before the Ist Appellate Court are also requested to fully assist the Davinder Kumar 2025.09.05 10:14 I attest the accuracy and authenticity of this order / judgment CR-6112-2025 3 Court in expeditious disposal of the abovesaid three applications. 4. It is made clear that this Court has not opined on the merits of the abovesaid three applications and the Ist Appellate Court would decide the same, in accordance with law. (VIKAS BAHL) JUDGE September 03, 2025. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No Davinder Kumar 2025.09.05 10:14 I attest the accuracy and authenticity of this order / judgment