Sr. No.141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-229-2026 (O&M)

Date of decision: 11th February 2026 BALWINDER PAL .....…Petitioner versus PARMINDER SINGH AND OTHERS .......Respondents CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Nitish Garg, Advocate for the petitioner.

HARPREET KAUR JEEWAN, J. (ORAL)

1. Prayer in the instant Civil Revision filed under Article 227 of the Constitution of India, is for setting aside the order dated 18.11.2025 (Annexure P-6) , passed by the learned Executing Court, S.B.S. Nagar, whereby, the Executing Court had dismissed the objection petition filed by the petitioner to keep the execution in abeyance till the decision of the appeal filed by the appellant.

2. As per the brief facts, the respondent-plaintiff filed a suit for recovery by way of damages, which was decreed vide judgment and decree dated 21.02.2025 (Annexure P-1). The petitioner preferred an appeal along with an application seeking interim stay, which is pending before the First Appellate Court for 26.02.2026.

3. As per the order dated 18.03.2025 (Annexure P-2), notice in the appeal as well as in the application under Order 41 Rule 5 CPC was been issued to the respondents by the First Appellate Court. Since then, the appeal is being adjourned from time to time. However, the application for grant of stay has not been decided by the First Appellate Court.

4. Learned counsel for the petitioner contends that in case the execution petition is not stayed, the petitioner is going to suffer loss and his right to file the first appeal would render infructuous.

5. I have considered the aforesaid submissions and perused the paper book.

6. Keeping in view the facts and circumstances of the present case, issuance of notice to the respondents is dispensed with.

7. Since the appeal as well as the application filed by the petitioner before the First Appellate Court seeking interim stay is pending adjudication, as such, at this stage, this Court is of the opinion that it is not desirable to pass an order on merits. However, in order to enable the petitioner to approach the First Appellate Court for decision of his application, the petitioner is required to be protected for a limited period.

8. In view of the above facts and circumstances, the present Civil Revision stands disposed of. However, the petitioner is at liberty to approach the First Appellate Court for consideration of his application for interim stay during the pendency of the appeal.

9. The Executing Court shall not pass any adverse order against the petitioner till 19.02.2026.

10. Liberty is also reserved in favour of the respondents to file an application for recalling the present order in case any factually incorrect submission has been made in the present petition.

11. Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN)

JUDGE

11^th February 2026 simran