Interim relief in civil proceedings may be granted to abate execution, pending the appeal's resolution, recognizing distinct property claims.

JUDGMENT :
Deepak Gupta, J.

By way of this petition, the petitioner – third party objector assails the order dated 13.10.2025 (Annexure P-9) passed by learned Addl. District Judge, Ludhiana in CMA No.338 of 2025, whereby interim relief of stay of the execution proceedings has been declined despite admi6ng the appeal.

2. A decree dated 26.08.2015 was passed in favour of Iqbal Singh in respect of a plot measuring 138 sq. yards situated in Lal Lakir of village Threeke. The execution was filed wherein the preset petitioner – Jagdish Kumar filed third party objection claiming the right in the property measuring 175 sq. yards on which his house existed based upon an agreement to sell dated 22.03.2025.

3. Learned counsel for the petitioner submits that house of the petitioner as detailed in the third party objections is en rely different than the suit property regarding which decree was passed, but under the garb of the decree, the decree holder was trying to take possession of the property of the petitioner - third party objector. By drawing attention towards the two site plans available on page Nos.49 and 51 of the paper book, learned counsel contends that the two properties are en rely different.

4. Learned counsel for the petitioner submits further that the objections of the petitioner have been dismissed by the Executing Court on 01.10.2025 for the simple reason that petitioner was holding an agreement to sell in respect of the property claimed by him. Learned counsel contends that the Executing Court did not consider the aspect as to whether the property claimed by the petitioner was the same as mentioned in the decree or whether it was different. It is submitted further that against this order dated 01.10.2025 of the Executing Court, petitioner filed appeal bearing No.CMA-338-2025, which is pending before learned Addl. District Judge, Ludhiana. Despite the fact that the Appellate Court vide order dated 13.10.2025 observed that arguable points were involved and the appeal was admitted for hearing, but still no interim stay was granted and notice was issued to the opposite party. Petitioner apprehends that till the disposal of the appeal by the Appellate Court, the decree holder may obtain the possession of the property of third party objector-petitioner.

5. Considering the contention made by learned counsel for the petitioner, but without commenting upon the merits of the case, the present revision petition is hereby disposed of with a direction that till the disposal of the application for injunction by the Appellate Court, proceedings before the Executing Court shall be kept in abeyance.

Since this order has been passed without issuing notice to respondents, in order to avoid the delay, therefore, they will be at liberty to approach this Court, in case, they feel aggrieved by this order.

Copy of this order be supplied to learned counsel for the petitioner under signatures of Bench Secretary during the course of day.