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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS SURI
Kewal Singh – Appellant
Versus
Parminder Kaur – Respondent
JUDGMENT :
Vikas Suri, J.
This is a petition under Article 227 of the Constitution of India at the behest of defendant-judgment debtor for setting aside order dated 19.05.2025 (Annexure P-1), passed by learned Additional Civil Judge (Senior Division), Kapurthala, whereby the objections filed by the petitioner in execution proceedings, have been dismissed.
2. Learned counsel for the petitioner would contend that the suit for possession by way of specific performance of the agreement to sell dated 09.12.2009 with regard to the suit property, measuring 16 marlas, was decreed vide judgment and decree dated 08.11.2019, passed by learned Additional Civil Judge (Senior Division)-!!, Kapurthala. Aggrieved by the same, the petitioner challenged the aforesaid order by way of an appeal before the first appellate Court. The appeal was instituted on 13.12.2019. Along with the said appeal, an application under Order 41 Rule 5 CPC has also been filed, which is pending along with the main appeal and the next date of hearing before the first appellate Court is 11.08.2025.
2.1 Learned counsel for the petitioner would further submit that while dismissing the objections filed by the petitioner, the learne
Time is of the essence in contracts; courts must consider limitation periods when ruling on applications for stays during appeals.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The Executing Court may dismiss a stay application made incorrectly; an ex-parte decree is valid until set aside in the originating court.
The appellate court correctly dismissed the stay application, affirming the need for the defendant to argue the appeal on merits without unnecessary delays.
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.
A petitioner seeking to stay execution of a decree must act diligently and with clean hands; otherwise, relief may be denied.
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