IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (130)

CR-1605-2026 Date of Decision:-18.02.2026 Mantej Singh and Another ……Petitioners Versus Daljit Singh ……Respondent CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present: Mr. H.S. Dhindsa, Advocate, for the petitioners.

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AMARINDER SINGH GREWAL, J. (Oral)

1. The present revision petition has been filed under Article 227 of the Constitution of India seeking setting aside of the impugned order of attachment dated 21.02.2023 (Annexure P-4) as well as order dated 16.05.2025, passed by learned Civil Judge (Senior Division), Rupnagar whereby the objections filed by the petitioner/Judgment Debtor were dismissed.

2. Brief facts of the case are that respondent No.1 filed a civil suit against the petitioner for recovery of ₹20 lakhs as damages for causing injuries to the respondent/plaintiff. The said suit was decreed vide judgment and decree dated 01.12.2022. The petitioner preferred an appeal before the learned Appellate Court, which is stated to be pending for 13.04.2026. During the pendency of the appeal, respondent No.1/Decree Holder filed Execution Petition No.31 of 2023 on 18.01.2023 before the learned Executing Court. The Executing Court attached the property in question by making a reference of rapat No.532 vide order dated 21.02.2023, and compliance thereof was effected prior to the filing of objections. The petitioner filed objections to the execution proceedings; however, the same were dismissed vide order dated 16.05.2025. Hence, the present petition.

3. Learned counsel for the petitioner submits that the Executing Court wrongly issued sale warrants of the attached property on the ground of non-filing of reply to the application under Order XXI Rule 66 CPC vide order dated 17.12.2025. He further submits that the petitioners are poor persons and farmers and that despite the appeal being pending against the judgment and decree, the Executing Court has proceeded to issue warrants of sale, which would cause grave hardship to the petitioners.

4. I have heard learned counsel for the petitioner at length and have perused the paper book.

5. In view of the nature of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as the same would only delay the proceedings and entail unnecessary expense.

6. Considering the averments made in the petition and keeping in view the fact that the appeal against the judgment and decree is pending, as well as the submission that the petitioners are poor persons, the present revision petition is disposed of, without expressing any opinion on the merits of the case. The impugned order dated 17.12.2025 passed by the learned Executing Court is hereby set aside. The learned Appellate Court is directed to decide the appeal filed by the petitioners within a period of three months from today. Till the decision of the appeal, further proceedings before the learned Executing Court shall remain stayed.

7. The Registry is directed to forward a copy of this order to the learned Executing Court as well as the learned Appellate Court, Rupnagar, for immediate compliance.

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

(AMARINDER SINGH GREWAL)

JUDGE

18.02.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No