IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 02.04.2026 Kusum Devi @ Kusma ...... Petitioner versus Sonia and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Aayush Gupta, Advocate for the petitioner.

Mr. Arnav Kumar, Advocate for the respondents.

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PANKAJ JAIN, J. (Oral)

1. Petitioner is in revision before this court invoking Article

227 of the Constitution of India.

2. The grievance is against order dated 16.03.2026 passed by Civil Judge (Junior Division), Ludhiana whereby objections filed by the petitioner/judgment debor have been dismissed and the warrant of possession has been issued. In alternate, the petitioner prays that the direction be issued to the First Appellate Court to decide his appeal or the stay application accompanying the said Civil Appeal bearing No.253 of 2023 in a time bound manner and till then status quo order be passed. 3. Parties are related to each other and are fighting for the estate left by Ram Jassi and Ram Shakal Yadav. Respondent No.1 filed suit seeking possession of the suit property in form of two EWS houses. The petitioner along with the other defendants contested the suit. The suit was initially dismissed for non-prosecution. Application for restoration was moved. During the pendency of the said application for restoration of the suit, present petitioner was proceeded ex-parte. The suit was restored and the same led to passing of judgment and decree dated 20.05.2019 whereby the suit filed by the plaintiff was ordered to be decreed. The petitioner filed an application under Order IX Rule 13 for setting aside ex-parte decree. The same stands dismissed vide order dated 20.02.2023 (Annexue P-2) passed by Civil Judge (Junior Division), Ludhiana. Aggrieved by the same, the petitioner preferred appeal accompanied by an application for stay of the operation of the ex-parte judgment and decree. The appeal is pending since since 2023. On 07.03.2026, Additional District Judge, Ludhiana adjourned the appeal to 12.05.2026 observing as under:-

“Arguments not addressed. On request, case stands adjourned to 12.05.2026 for arguments on stay application as well as arguments on main appeal. Long date is given due to pendency of old cases and action plan cases pending in this court.”

4. While the appeal against the ex-parte judgment and decree preferred by the present petitioner is pending, the execution proceedings by decree holder have progressed and warrant of possession has been issued.

5. Keeping in view the aforesaid facts, this Court finds that it will be in the interest of justice as well in the interest of both the parties that the Lower Appellate Court be directed to decide the appeal on the date already fixed, i.e. 12.05.2026 on merits, in accordance with law.

6. Till the decision of the appeal, the parties shall maintain status quo with respect to possession.

7. Petition stands disposed off.

(PANKAJ JAIN)

JUDGE

02.04.2026

Dinesh

Whether speaking/reasoned : Yes

Whether Reportable : No