IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (123)

CR-4079-2025 Date of Decision: - 09.07.2025 Vidya Sagar ....Petitioner Versus Angelina Gill and others .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Imran Ahmad Ali, Advocate, for the petitioner.

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VIKAS BAHL, J. (ORAL)

1. Present civil revision petition has been filed under Article 227 of the Constitution of India read with Section 151 CPC praying for setting aside of impugned order dated 19.05.2025 (Annexure P-15), passed by the Civil Judge (Junior Division) Chandigarh, whereby an application filed by the petitioners seeking dismissal of the execution filed by respondents No.1 to 6 has been dismissed.

2. Learned counsel for the petitioner has submitted that a perusal of the judgment and decree dated 20.01.2020 would show that no preliminary decree has been passed and thus, subsequently no final decree could have been passed. It is further submitted that against the judgment and decree dated 20.01.2020, an appeal has been filed by the petitioner on 04.03.2020 and although the same was dismissed in default on 07.12.2022 but a restoration application has been filed by the petitioner and the said application is pending. It is stated that in the said circumstances, the impugned order vide which the application filed by the petitioner for dismissing the execution has been dismissed, is illegal and against law and deserves to be set aside and the execution proceeding deserves to be dismissed.

3. This Court has heard learned counsel for the petitioner and has perused the paper-book and finds that the impugned order is in accordance with law and deserves to the upheld and the present revision petition being meritless, deserves to be dismissed for the reasons detailed hereinafter.

4. It is not in dispute that respondents No.1 to 6 had filed a suit against the present petitioner and four other defendants and the present petitioner was arrayed as defendant No.1. In the said suit, the following prayers had been made: -

“Suit for declaration to the effect that Will dated 17.02.2014 allegedly executed by Late Sh. Mehar Chand son of late Sh. Genda Ram, is a forged and fabricated document having no effect on the rights ofthe plaintiffs qua immovable properties i.e. House No.729, Sector 20, Panchkula & House No.4782-B, Sector 38-West, Chandigarh and 4 Killas land belonging to Late Sh. Mehar Chand comprised in Khewat No.210, Khatauni No.284, Khasra No.18//1 (198-0), 22(8-0), 23(8-0), 24(8-0), 25//14(4-1), kitte 5, total 36 Kanals 14 Marlas situated in Village Panjali, Sub- Tehsil Saha, District Ambala, Haryana and land comprised in Khewat No.210, Khatauni No.284, Khasra No.32//12 (8-0, 13(8-0), 14(8-0), 15//13(6-0), kitte 4, total 27 Kanals 6 Marlas situated in Village Panjali, Sub-Tehsil Saha, District Ambala, Haryana as per jamabandi for the years 2001-2012 and all other movable properties of late Sh. Mehar Chand son of late late Sh. Genda Ram, with consequential relief that plaintiff No.1 & 2 are entitled to 1/4th share each being Class-I legal heirs of Late Sh. Mehar Chand and plaintiffs 3 to 6 are entitled to 1/16th share each out of above properties of Late Sh. Mehar Chand being Class-I legal heirs of Late Sh. Mehar Chand, on the basis of natural succession and inheritance.

And Suit for partition and separate possession of House No.729, Sector 20, Panchkula & House No.4782-B, Sector 38-West, Chandigarh belonging to Late Sh. Mehar Chand by meets and bounds in favour plaintiffs and defendant No.1 as per their shares, and in case partition is not feasible or permissible, the properties may be put to open auction and sale proceeds may be distributed amongst plaintiffs and defendant No.1 as per their shares.

And Suit for permanent injunction restraining defendant No.1 from creating any third party interest in any manner in respect of above immovable properties of late Sh. Mehar Chand.

And Suit for permanent injunction restraining defendant No.2 to 4 from transferrin