Inaction in pursuing an appeal can lead to dismissal for non-prosecution, allowing execution of prior judgments.

JUDGMENT :

Vikas Bahl, J. (Oral)

1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 03.12.2024 (Annexure P-5) passed by the Civil Judge (Junior Division), Ajnala, Amritsar in the execution bearing No.26/2024 dated 04.05.2024 titled as 'Amrik Singh Vs. Sadha Singh (deceased) through his LR's' vide which the warrants of possession have been issued by the Executing Court for the execution of the judgment and decree dated 21.10.2019.

2. A perusal of the paper book would show that respondent No.1- plaintiff-Amrik Singh had filed a suit for ejectment from the premises in question which was stated to have been given on rent to the predecessor-in-interest of the present petitioner(s) i.e., Sadha Singh. The said suit was filed on 04.09.2014 and after due contest, the same was allowed vide judgment and decree dated 21.10.2019. The operative part of the said judgment is reproduced hereinbelow:-

'25. This issue is with regard to payment of court fee. Relationship between the landlord and tenant stood proved. Once a landlord brings suit against tenant for eviction, he is not required to pay court fee at the market value of the suit property rather he is required to pay only fixed court fee. Accordingly, this issue is decided in favour of plaintiff and against the defendants.

Relief:

26. In view of my findings on the aforesaid issues, suit of the plaintiff succeeds and same is decreed with costs to the effect that defendants are directed to vacate the disputed property Le. two rooms, out of Haweli situated in the area of village Jhanjoti, Tehsil Ajnala, District Amritsar, described as East: Gali, West: Property ofBachan Singh son ofMehal Singh etc, South: Amrik Singh son of Kartar Singh, Ajit Singh @ Surjit Singh s/o Kartar Singh, North: Surta Singh, Mohinder Singh deceased, within a period of two months from the date of decree. Plaintiff is also held entitled to arrears of rent @ Rs.25/- per month w.e.f 04.9.2011 till the date of delivery of possession. Decree sheet be prepared. File be consigned to the record room.

Announced in open Court on

Dated: 21.10.2019

Sd/- (Ram Pal), PCS,

Civil Judge (Jr. Division),

Ajnala.

UIDNo.: PB-0501 '

A perusal of the above would show that respondent No.1-plaintiff was also held entitled to the arrears of rent @ Rs.25/- per month w.e.f., 04.09.2011 till the date of delivery of possession.

3. On a pointed query raised by this Court as to whether the arrears of rent have been paid, learned counsel for the petitioner(s) has submitted that he is not aware of the said fact.

4. An appeal against the said judgment was filed on 29.11.2019. The zimni orders passed in the said appeal have been annexed along with the present revision petition. A perusal of the same would show that notice in the appeal was issued on 07.01.2020 and on 11.02.2020, it was reported by the Ahlmad that the copy of the appeal had not been supplied and the appellant(s) was directed to file the said copy and thereafter summons to respondent No.1 were to be issued for 19.03.2020. The order dated 11.02.2020 is reproduced hereinbelow:-

'Present: Sh. Jagtar Singh Adv., for the appellant.

As per report of Ahlmad copy not filed. Appellant is directed to file copy and thereafter summons to respondent be issued for 19.3.2020.

Date of Order: 11.02.2020

(Hardip Singh)

Addl District Judge

Amritsar, UID No. PB0638'

5. In spite of the case having been pending from 11.02.2020 to 20.12.2024 and in spite of numerous opportunities having been granted, the appellant(s) did not supply the copy of the appeal and accordingly, summons were not issued to respondent No.1 and respondent No.1 was not served. It was specifically r