SANDEEP SOOD AND ANR v. SUNIL KUMAR (SINCE DECEASED) THR HIS LRS
CR/3627/2026 · 2026-05-01
Parmod Goyal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2931 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2931 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 108 CR-3627-2026 (O&M) Date of decision:01.05.2026 SANDEEP SOOD AND ANOTHER ...PETITIONERS VERSUS SUNIL KUMAR (DECEASED) THR. HIS LRS. ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Aditya Sharma, Advocate for petitioners. Mr. Vineet Chaudhary, Advocate for caveator-respondent. *** PARMOD GOYAL, J. (ORAL) Present civil revision petition has been filed under Article 227 of the Constitution of India by petitioners-plaintiffs for setting aside
judgment dated 18.03.2026 (Annexure P-1) passed by learned District Judge, S.A.S. Nagar, vide which appeal filed by respondent-defendant has been allowed and impugned order dated 16.03.2024 (Annexure P-2) passed by learned Civil Judge (Junior Division), Kharar, whereby respondent- defendant was restrained from alienating the suit property by way of sale, mortgage, third party interest as was fully mentioned in headnote of the plaint till final disposal of the suit except otherwise than in due process of law, was set aside.
2. It is the case of petitioners-plaintiffs that present is a suit for specific performance and if no stay of alienation is granted, they will suffer irreparable loss and would lead to multiplicity of lis especially when prima facie case as well as balance of convenience are in their favour.
3. Keeping in view nature of suit and prayer as well as provisions SUNIL CHANDER 2026.05.01 13:11 I attest to the accuracy and integrity of this document
CR-3627-2026 (O&M) -2- of law i.e. Section 52 of Transfer of Property Act, 1882, it is necessary to protect rights of both the parties in the facts and circumstances of present case. The order passed by learned Court of First Instance was in line with statutory provisions as parties are made bound by principles of lis pendence. Accordingly, impugned judgment dated 18.03.2026 (Annexure P-1) is set aside. It is ordered that alienation, if any, shall be governed by principles of lis pendence and respondent-defendant can only sell the suit property after obtaining due permission of the Court in accordance with law, subject to considerations of objections, if any, raised by petitioners-plaintiffs.
4.
Learned counsel for respondent-defendant submits that suit is pending since the year 2022 and examination of witness of petitioners- plaintiffs has not yet been conducted/started.
5. Learned Court of First Instance is directed to make all endeavours to decide the matter expeditiously in accordance with law.
6. Present Civil Revision Petition is disposed of.
7. Pending application(s), if any, stand disposed of.
(PARMOD GOYAL)
JUDGE 01.05.2026 Sunil Chander Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUNIL CHANDER 2026.05.01 13:11 I attest to the accuracy and integrity of this document