Dismissed¶26

Ashok Kumar v. Pawan Kumar and Others

Punjab & Haryana HC8 Aug 2025CR/5311/2025

Case brief

AI extract

What is this about?

Ashok Kumar vs. Pawan Kumar and others; High Court of Punjab and Haryana at Chandigarh; Justice Amarinder Singh Grewal; CR No. 5311 of 2025 (O&M); civil revision under Article 227; Rent Controller Amritsar; Section 151 CPC stay application dismissed; Rent Petition RP/400/2021; civil suit CS/2400/2022 Seema vs. Ankit Thakur and others; same subject property; tenancy denied by revisionist; concurrent proceedings independence; stay declined; revision dismissed on 08.08.2025; non-reportable.

What did the court decide?

The civil suit filed by the revisionist's wife can be adjudicated independently of the rent petition pending before the learned Rent Controller, Amritsar, even if the subject property in both proceedings is the same. ¶22

Ashok Kumar Vs Pawan Kumar and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 19.03.2025 of the learned Rent Controller, Amritsar dismissing the petitioner's application under Section 151 CPC for stay of the Rent Petition RP/400/2021 proceedings (pending decision of civil suit CS/2400/2022 concerning the same property) should be set aside, and whether the rent petition proceedings should be stayed.

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Court's answer

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Ratio / Principle

This Court found no merit in the prayer for setting aside the order dated 19.03.2025 (Annexure P-1) passed by the learned Rent Controller, Amritsar.

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Key takeaways

Consequently, the prayer for stay of the rent petition proceedings was also declined.ratio¶23
Finding no illegality in the order dated 19.03.2025 (Annexure P-1) passed by the learned Rent Controller, Amritsar, the present revision petition, being devoid of merit, is accordingly dismissed.ratio¶26

Detailed headnote1 paragraphs

Civil Revision (CR No. 5311 of 2025 O&M) under Article 227 of the Constitution of India by Ashok Kumar challenging the order dated 19.03.2025 (Annexure P-1) of the learned Rent Controller, Amritsar dismissing his application under Section 151 CPC seeking stay of Rent Petition No. RP/400/2021 ('Pawan Kumar and others vs. Ashok Kumar') till decision of civil suit No. CS/2400/2022 ('Seema vs. Ankit Thakur and others') filed by his wife concerning the same subject property. Held (Amarinder Singh Grewal, J., oral): the civil suit can be adjudicated independently of the rent petition even if the subject property in both proceedings is the same; no merit or illegality found in the Rent Controller's order; prayer for stay declined; revision petition dismissed; pending miscellaneous applications stand disposed of. Speaking: Yes; Reportable: No.

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CR No. 5311 of 2025 (O&M)

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-1-

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108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No. 5311 of 2025 (O&M) DATE OF DECISION: 08.08.2025

ASHOK KUMAR

......PETITIONER

Vs.

PAWAN KUMAR AND OTHERS

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.........RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Mr. Chetan Bansal, Advocate, for the petitioner.

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AMARINDER SINGH GREWAL, J. (ORAL)

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Prayer in the present Civil Revision Petition, filed under Article 227 of the Constitution of India, is for setting aside the impugned order dated 19.03.2025 (Annexure P-1), passed by the learned Rent Controller, Amritsar in a Rent Petition No. RP/400/2021 titled Pawan Kumar and others vs. Ashok Kumar , whereby the application filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908, (for short ‘the CPC’) seeking stay of proceedings in the said rent petition till the decision of the civil suit bearing No. CS/2400/2022, titled Seema vs. Ankit Thakur and others has been erroneously dismissed.

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Heard.

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It is simply submitted by learned counsel for the petitionerrevisionist that the wife of the revisionist, namely Seema, has filed a civil suit titled Seema vs. Ankit Thakur and others , which is pending before the learned Civil Judge (Senior Division), Amritsar. In the said suit, the subject

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Nitin 2025.08.08 15:37 I attest to the accuracy and integrity of this document

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CR No. 5311 of 2025 (O&M) -2-

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property is the same as that involved in the rent petition filed by respondent No. 1 – Pawan Kumar.

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It is further submitted that the husband-revisionist had filed an application under Section 151 CPC seeking stay of proceedings before the learned Rent Controller on the ground that the civil suit titled Seema vs. Ankit Thakur and others is pending. However, the learned Rent Controller, Amritsar (also holding the charge of Civil Judge, Senior Division), has erroneously dismissed the said application under Section 151 CPC, vide order dated 19.03.2025 (Annexure P-1).

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Prayer was made for setting aside the order dated 19.03.2025 (Annexure P-1), passed by the learned Rent Controller, Amritsar, in a Rent Petition bearing No. RP/400/2021 titled Pawan Kumar and others vs. Ashok Kumar , and for staying the proceedings pending before the learned Rent Controller.

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Though the aforesaid submissions have been made before this Court, it appears to this Court that the learned Rent Controller, Amritsar, is merely sitting over the rent petition titled Pawan Kumar and others vs. Ashok Kumar . While the present revisionist, Ashok Kumar, has denied the tenancy before the learned Rent Controller, this Court is of the considered view that the matter in the civil suit filed by the wife of the revisionist can be adjudicated independently to that of the rent petition pending before the learned Rent Controller, Amritsar, even if the subject property in both proceedings is the same.

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Thus, this Court finds no merit in the prayer for setting aside the order dated 19.03.2025 (Annexure P-1), passed by the learned Rent Controller, Amritsar. Consequently, the prayer for stay is also declined.

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Nitin 2025.08.08 15:37 I attest to the accuracy and integrity of this document

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CR No. 5311 of 2025 (O&M) -3-

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Finding no illegality in the order dated 19.03.2025 (Annexure P-1) passed by the learned Rent Controller, Amritsar, the present revision petition, being devoid of merit, is accordingly dismissed.

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Pending miscellaneous application(s), if any, shall also stand

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disposed of.

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AUGUST 08, 2025 (AMARINDER SINGH GREWAL) nitin JUDGE

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Whether Speaking Yes Whether Reportable No

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Nitin 2025.08.08 15:37 I attest to the accuracy and integrity of this document

Ashok Kumar v. Pawan Kumar and Others

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. Pawan Kumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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