2023:PHHC:059307

CR-952-2023 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM-6950-CII-2023 in/and

CR-952-2023 (O&M)

Date of decision: April 26, 2023

Jagdish Satish and Company and another

….Petitioners

Versus

Amit Kumar and another

….Respondents

CORAM: HON’BLE MR. JUSTICE ARUN MONGA

Present:

Mr. B.B. Bagga, Advocate for applicant-respondent No.1.

None for non-applicant-petitioners.

*****

ARUN MONGA, J. (ORAL)

CM-6950-CII-2023

This is an application for vacation of status quo order dated

10.02.2023 passed by this Court.

2.

Despite advance service of the application, none appears for non-

applicant-revisionist. Instead of rendering piecemeal decision on the application

vis-à-vis revision petition, it is deemed appropriate that revision petition itself is

heard. Main case is taken on Board for hearing today itself. Next date fixed in main

case i.e., 03.07.2023, stands cancelled.

3.

Registry to do the needful.

Main case (O&M)

Petition herein is for setting aside impugned order dated 03.01.2023

(Annexure P-7) passed by learned Civil Judge (Junior Division), Chandigarh

whereby objection filed by revisionist has been dismissed, and further to set aside

order dated 01.02.2023 (Annexure P-9) passed by learned Executing Court

MAHAVIR SINGH

2023.05.01 17:10

I attest to the accuracy and

authenticity of this order/ judgment

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whereby warrants of possession were issued and bailiff was directed to break open

the locks, if premises were found locked.

2.

The revision petition is premised on the averments that respondent

No.1 herein-landlord filed a petition against revisionists and pro forma respondent

No.2 (tenants) seeking their eviction from demised property. Learned Rent

Controller allowed the said petition vide order dated 18.07.2022 (Annexure P-2).

Respondent No.1-landlord filed execution petition to get eviction order executed.

Tenants filed an objection petition challenging executability, satisfaction and

discharge of eviction order/ judgment dated 18.07.2022. Objection petition was

dismissed vide impugned order dated 03.01.2023 (Annexure P-7) and ordered

issuance of warrants of possession.

3.

This Court vide ordered dated 10.02.2023, while issuing notice of

motion, ordered to maintain status quo qua property in question.

4.

There is no representation on behalf of petitioners/tenants. I have

heard learned counsel for respondent No.1-landlord and perused the case file.

5.

After hearing learned counsel for respondent No.1, I am of the view

that in order to meet ends of justice, interim order dated 10.02.2023 passed by this

Court directing parties to maintain status quo shall continue to operate during

pendency of appellate proceedings.

6.

Revision petition is disposed of accordingly with an expectation from

learned Appellate Authority that since on one hand appeal is seemingly being

adjourned owing to pendency of present revision petition, which is now being

disposed of, on the other hand, learned counsel for respondent No.1-landlord

submits that tenants are not even using the premises in question and have

abandoned the same since 2017 and are speculatively pursuing the appeal to await

outcome of appellate proceedings. Be that as it may, learned Appellate Authority

MAHAVIR SINGH

2023.05.01 17:10

I attest to the accuracy and

authenticity of this order/ judgment

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shall proceed with the matter as expeditiously as possible without granting

unnecessary adjournments.

7.

Pending application(s), if any, shall also stand disposed of.

(ARUN MONGA)

JUDGE

April 26, 2023

mahavir

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

MAHAVIR SINGH

2023.05.01 17:10

I attest to the accuracy and

authenticity of this order/ ju