Criminal Revision No.5765 of 2011 (O&M) in the High Court of Punjab and Haryana, the court directed the appellate court to decide the petitioner's stay application on the next date of hearing to prevent the appeal from becoming infructuous.
Direction to the appellate court to decide the stay application on the next date of hearing, 3rd October 2011.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5765 of 2011 (O&M) Date of decision: 21st September, 2011
Nathu Ram
… Petitioner
Versus
Chhotu Singh
… Respondent
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Peeush Gagneja, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
In the present revision petition, a prayer has been made that the Court of Additional District Judge, Ferozepur be directed to decide the stay application (Annexure P-4) filed by the petitioner in appeal within a stipulated timeframe.
Counsel for the petitioner states that the respondent-plaintiff had filed a suit for specific performance of agreement to sell dated 27th January, 1998 with an alternative relief of decree for recovery of Rs.3,15,800/-. Counsel further states that the above said suit filed by the respondent-plaintiff was decreed and the respondent-plaintiff had sought execution of the decree by filing an execution application, in which the petitioner had filed objections and they were dismissed vide order (Annexure P-2) dated 3rd August, 2011. Counsel further states that aggrieved against the dismissal of the objections, the petitioner has filed an appeal. The same is now listed for 3rd October, 2011. It is stated that in the appeal, the petitioner has filed an application (Annexure P-4) for stay, but the same is not being decided and meanwhile, the Executing Court is proceeding ahead with the execution proceedings and thereby
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Civil Revision No.5765 of 2011 (O&M)
there is every apprehension that for non-grant of stay the appeal filed by the petitioner will be rendered infructuous.
After hearing counsel for the petitioner, present petition is disposed of with a direction to the appellate Court below to decide the application for stay on the next date of hearing, i.e. 3rd October, 2011.
The direction given above to decide the application will not preclude the appellate Court below to decide the main appeal itself.
[KANWALJIT SINGH AHLUWALIA] JUDGE
September 21, 2011 rps
1 issue framed by the court
Whether the Additional District Judge should decide the stay application within a stipulated timeframe.
Nathu Ram
Chhotu Singh
Kanwalyjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
