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2026 DAILYLAW 864 (PNJ)

KRISHAN KUMAR @ DIMPLE v. MOHIT CHAUDHARY

CR/2157/2026 · 2026-03-07

Deepak Gupta

body2026

Judgment text

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106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2157-2026 Date of Decision: March 07, 2026 Krishan Kumar @ Dimple …Pe//oner Versus Mohit Chaudhary …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Prince Goyal, Advocate for the peoner. DEEPAK GUPTA , J.(Oral) Civil Suit bearing No.CS-285-2020, tled as “Mohit Chaudhary v. Krishan Kumar @ Dimple”, was decreed by the trial Court of learned Addl. Civil Judge (Sr. Divn.), Fatehabad on 27.05.2025 (Annexure P-2), decreeing the suit for possession by way of specific performance. The decree was passed ex parte. The defendant of the case is before this Court, submi/ng that an applicaon under Order 9 Rule 13 CPC (Annexure P-3) was filed, which has been dismissed on 08.01.2026 vide Annexure P-5. Now the appeal against that order is pending before learned District Judge, Fatehabad. 2. Learned counsel for the peoner submits that despite pendency of the appeal, the decree holder (respondent herein) has a7empted to take forcible possession from the peoner. Prayer is made by learned counsel for the peoner to direct the Appellate Court to dispose of the stay applicaon annexed with the appeal. 3. A perusal of the paper book would reveal that the execuon as filed by the decree holder (respondent herein) was dismissed as withdrawn, being fully sasfied, as per the order dated 23.02.2026, copy of which has been annexed by the peoner himself (available on page No.79 of the paper book). SARITA RANI 2026.03.07 13:33 I attest to the accuracy of this document/order CR-2157-2026 - 2 - 2026:PHHC:034861 4. In the aforesaid circumstances, there appears to be no urgency to issue any direcon to the Appellate Court, but sll the Appellate Court shall make efforts to dispose of the stay applicaon expediously, keeping in view the pendency before it. Disposed of. March 07, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.03.07 13:33 I attest to the accuracy of this document/order