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B. S. WALIA
Harminder Pal Singh – Appellant
Versus
Palvinder Singh – Respondent
JUDGMENT :
B.S.Walia, J.
Prayer in the instant petition is for the issuance of directions to the learned Appellate Authority-IX, Jalandhar, to decide appeal bearing CNR No.PBJL01049962022C, CIS No.RA/106/2022, titled as Harminder Pal Singh vs. Palwinder Singh etc., within a stipulated period of time and in the meantime to stay the operation of order Annexure P5 dated 09.11.2022, passed by the learned Rent Controller, Jalandhar.
2. A perusal of order Annexure P5 reveals that ejectment petition filed against the petitioner was allowed vide order dated 09.11.2022 and the petitioner was directed to vacate the demised premises within one month from the date of order. Learned counsel contends that thereafter the petitioner filed appeal, Annexure P6 before the learned District Judge, Jalandhar, on 18.11.2022, in which, notice was issued. Learned counsel contends that the main appeal is listed for final arguments on 14.03.2023 while the execution proceedings are pending before the learned Executing Court for 02.03.2023, but till date no orders have been passed on the application for stay filed by the petitioner by the learned Appellate Authority-IX, Jalandhar.
3. A perusal of Order 21 Rule 26
In judicial proceedings involving ejectment under Rent Act, execution orders should be stayed during appeals to prevent serious civil consequences and ensure fair trial.
Court emphasizes the necessity of expediting stay applications to ensure fair access to justice in execution proceedings.
The main legal point established is that the stay application should be decided before the execution of an eviction order to prevent substantial prejudice to the rights of the party against whom the ....
Mere pendency of an appeal does not stay execution proceedings unless explicitly ordered by the appellate court, as per Order 41 Rule 5 of the Code of Civil Procedure.
A stay of execution in civil proceedings can be granted during the pendency of an appeal when sufficient cause is shown, pursuant to Order 21 Rule 26 of the CPC.
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