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2026 DAILYLAW 33053 (PNJ)

RAM DHANI AND OTHERS v. M/S HARYANA UDYOG PVT LTD AND OTHERS

RSA/783/2026 · 2026-07-23

Harsh Bunger

body2026

Judgment text

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RSA-783-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 144 RSA-783-2026 (O&M) Date of decision: 23.07.2026 Ram Dhani and others ....Appellants Vs. M/s Haryana Udyog Private Limited and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. Prafful Rana, Advocate for the appellants. Mr. Arpandeep Narula, Advocate for respondent No.1. ***** HARSH BUNGER J. (Oral) CM-2882-C-2026: Present application is filed seeking condonation of delay of 2 days, in filing the main case i.e. RSA-783-2026. For the reasons mentioned in the application, delay of 2 days, in filing the main case i.e. RSA-783-2026 is condoned. Application is accordingly disposed of. CM-2883-C-2026: Present application is filed seeking condonation of delay of 264 days, in re-filing the main case i.e. RSA-783-2026. For the reasons mentioned in the application, delay of 264 days, in re-filing the main case i.e. RSA-783-2026 is condoned. Application is accordingly disposed of. Main case:- 1 Present regular second appeal has been filed by the appellants assailing the judgment and decree dated 16.03.2019 passed by learned Trial ANKIT 2026.07.24 15:58 I attest to the accuracy and integrity of this document High Court, Chandigarh RSA-783-2026 (O&M) -2- Court as well as judgment and decree dated 28.02.2025 passed by learned Appellate Court. 2. After arguing for some time, learned counsel for the appellants submits that the appellants would not press the present appeal; however, the appellants may be granted some time to vacate the land because their dwelling houses have been constructed thereon and their families are residing therein. 3. Mr. Arpandeep Narula, Advocate appears and files Vakalatnama on behalf of respondent No.1 in Court today, which is taken on record, subject to all just exceptions. He very fairly submits that respondent No.1 he would have no objection if appellants are granted six months time from today to vacate the premises, however subject to their furnishing an undertaking to this effect before the learned Executing Court. 4. Learned counsel appearing on behalf of the appellants has not opposed the aforesaid course being adopted. 5. Keeping in view the above, the present regular second appeal is dismissed as not pressed insofar as the impugned judgments and decrees are concerned; however, considering the fact that the appellants have constructed dwelling houses on the suit property and are residing with their families, they are afforded six months time from today to vacate the premises, however, subject to the condition that the appellants would submit their undertaking before the learned Executing Court within a period of two weeks from today clearly indicating therein, that they would handover the vacant possession of the premises after removing all their articles/constructions etc. (if any), within a period of six months from today. ANKIT 2026.07.24 15:58 I attest to the accuracy and integrity of this document High Court, Chandigarh RSA-783-2026 (O&M) -3- 6.1 It is made clear that in case the aforesaid undertaking is not submitted by the appellants within the aforesaid period of two weeks, in that eventuality, the present order shall be of no avail to the appellants and the plaintiff/decree holder shall proceed further to take possession of property, in accordance with law. 6. It is also made clear that in case the appellants fail to hand over possession to the respondent No.1/plaintiff upon expiry of six months period, in that eventuality, the respondent No.1/plaintiff would be entitled to take possession as per law, including resort to police help. 7. The present regular second appeal is disposed of in aforestated terms. 8. All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 23.07.2026 JUDGE Ankit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ANKIT 2026.07.24 15:58 I attest to the accuracy and integrity of this document High Court, Chandigarh