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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Shiam @ Shyam Singh – Appellant
Versus
Ishri Prasad @ Ishwari Prasad (now deceased) – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 28.01.2026 (Annexure P-4) passed by the Civil Judge (Junior Division), Palwal vide which objection filed by the petitioner/judgment debtor No.2 has been dismissed and warrant of possession has been issued.
2. In the present case, it is not in dispute that respondent No.1/Ishri Prasad @ Ishwari Prasad had filed a suit for possession on the pleadings that he is owner of the land in question measuring 11 kanals 11 marlas. The petitioner is stated to be defendant No.2, who had filed the written statement and had contested the case. It is not in dispute that the trial Court vide its judgment and decree dated 17.01.2018 was pleased to decree the suit for possession and the appeal filed by the petitioner against the said judgment and decree had been dismissed by the 1st Appellate Court vide judgment dated 08.03.2019. Although the judgment of the trial Court has not been annexed but the judgment of the 1st Appellate Court dated 08.03.2019 has been annexed. A perusal of the same would show that in the said case, a demarcation rep
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.
Equitable considerations have to be weighed in while entertaining petitions under Article 227 of the Constitution of India.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
The Review Court lacks jurisdiction to stay execution proceedings initiated in another court, and attempts to delay possession proceedings through misleading filings may result in dismissal with cost....
The power of superintendence under Article 227 of the Constitution of India is to be exercised sparingly and only in appropriate cases where there is a gross failure of justice or grave injustice. Th....
Words “any person” is wide enough to include even a person not bound by a decree claiming right in the property on his own including that of a tenant not party to suit or even a stranger.
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