CR-5249-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 165 CR-5249-2026 (O&M) Date of decision: 21.07.2026 Niya Mittal ....Petitioner Vs. Mahesh Mittal and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Ms. Ankita Malhotra, Advocate for the petitioner. ***** HARSH BUNGER J. (Oral) 1 Prayer in the present civil revision petition is for issuance of time bound directions to the learned Civil Judge (Junior Division), Ambala, to decide the application under Order 39 Rules 1 and 2 read with Section 151 CPC (Annexure P-2) filed by the petitioner along with civil suit bearing CS No.1377 of 2025. 2. It is the plea of the petitioner that the stay application filed by the petitioner has remained undecided for nearly 11 months; accordingly prayer for issuance of time bound direction for decision of stay application has been made. 3. I have considered the aforesaid prayer made by the learned counsel appearing for the petitioner, however suffice it to say that the suit for grant of decree of separate possession by way of partition of properties has ANKIT 2026.07.23 11:02 I attest to the accuracy and integrity of this document High Court, Chandigarh CR-5249-2026 (O&M) -2- been filed by the petitioner wherein, notice in the suit as well as in injunction application has been issued to the defendants on 19.08.2025 for 05.09.2025. 4. On the adjourned date i.e. 05.09.2025, the defendants No.1 to 3 in the suit appeared and filed an application under Order 7 Rule 11 CPC for rejection of the plaint and the matter was adjourned to 28.10.2025. 4.1 On 28.10.2025, on the request of learned counsel for the parties, the matter was sent to the Mediation Center, Ambala and the matter was adjourned to 10.12.2025 for awaiting the report of the Mediator. Since the matter could not be settled before the Mediation Centre, Ambala, accordingly the matter was taken up by the learned Trial Court on 10.12.2025, however on the said date, arguments on application under Order 7 Rule 11 were not addressed and the matter was adjourned to 12.01.2026. On 12.01.2026, the learned Presiding Officer was to proceed on leave, and accordingly vide order dated 09.01.2026, the matter was taken up and adjourned to 01.05.2026. Thereafter, the present petitioner filed an application for preponement of the matter, however, the same was dismissed vide order dated 24.02.2026, inter alia, observing that any alienation, if made, during the pendency of the lis, is eventually hit by Section 52 of the Transfer of Property Act, 1882. 5. Thereafter, the matter was taken up by the learned Trial Court on 01.05.2026, when the application under Order 7 Rule 11 CPC has also been dismissed and the matter was adjourned to 18.05.2026 for filing of the written statement. Since the written statement was not filed, the petitioner ANKIT 2026.07.23 11:02 I attest to the accuracy and integrity of this document High Court, Chandigarh CR-5249-2026 (O&M) -3- moved an application under Order 8 Rule 10 read with Order 8 Rule 1 and Section 151 CPC. Presently, the matter was adjourned to 23.07.2026. 6. Considering the aforementioned facts and circumstances, it is observed that at no stage, the petitioner has filed any application before the learned Trial Court for taking up the stay application filed by the petitioner along with her suit, except in the application seeking preponement of date of hearing, which has already been dismissed by observing that any alienation would be hit by Section 52 of the Transfer of Property Act, 1882. 7. In my considered view, the petitioner is well within her rights to move appropriate application before the learned Trial Court for taking up the stay application for decision and this Court has no doubt that in case any such application would be moved by the petitioner, the concerned Court would consider the same on its own merits and decide the same. Accordingly, I see no merit in the present civil revision petition and the same is dismissed with the aforesaid observation. 8. All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 21.07.2026 JUDGE Ankit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ANKIT 2026.07.23 11:02 I attest to the accuracy and integrity of this document High Court, Chandigarh