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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Dharampal – Appellant
Versus
Arun Khanna – Respondent
| Table of Content |
|---|
| 1. overview of civil revision petitions and initial facts. (Para 2 , 4) |
| 2. discussion on counsel's adjournment requests. (Para 5 , 6) |
| 3. analysis of the execution order's legality. (Para 8) |
| 4. judicial principles from related case law. (Para 9) |
| 5. final court decision upholding the dismissed claim. (Para 10) |
JUDGMENT :
Vikas Bahl, J.
The present order would dispose of two civil revision petitions.
2. CR-2760-2025 has been filed by the petitioner for seeking direction to the Ist Appellate Court to decide the pending civil appeal no.CA-130-2021 in a time bound manner.
3. CR-2756-2025 has been filed by the petitioner for setting aside the order dated 29.04.2025 (Annexure P-1) vide which the objections filed by the petitioner-judgment debtor have been dismissed.
4. It is not in dispute that the respondent had filed suit for declaration and mandatory injunction along with prayer of permanent injunction against the petitioner in the year 2018. Vide judgment dated 29.11.2021 after due contest, the decree was passed in favour of the respondent and the relevant portion of the same is reproduced hereinbelow:-
'The defendant is directed to hand over the possession of the suit property wi
The court emphasized the need for timely action on appeals and upheld the Execution Court's order under Article 227, reaffirming limits on High Courts' supervisory power.
Amendments to pleadings post-commencement of trial under Civil Procedure Code are restricted unless due diligence is demonstrated.
The court upheld the condonation of delay in filing an appeal, emphasizing a liberal approach in light of the COVID-19 pandemic and prior court directions.
The court ruled that an ex-parte order is interlocutory and barred from revision under the Commercial Courts Act, but the petitioner retains the right to participate in ongoing proceedings.
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