108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 08.08.2025 ASHOK KUMAR ......PETITIONER Vs.

PAWAN KUMAR AND OTHERS .........RESPONDENTS CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Chetan Bansal, Advocate, for the petitioner.

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AMARINDER SINGH GREWAL, J. (ORAL)

1. Prayer in the present Civil Revision Petition, filed under Article 227 of the Constitution of India, is for setting aside the impugned order dated 19.03.2025 (Annexure P-1), passed by the learned Rent Controller, Amritsar in a Rent Petition No. RP/400/2021 titled Pawan Kumar and others vs. Ashok Kumar, whereby the application filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908, (for short ‘the CPC’) seeking stay of proceedings in the said rent petition till the decision of the civil suit bearing No. CS/2400/2022, titled Seema vs. Ankit Thakur and others has been erroneously dismissed.

2. Heard.

3. It is simply submitted by learned counsel for the petitioner- revisionist that the wife of the revisionist, namely Seema, has filed a civil suit titled Seema vs. Ankit Thakur and others, which is pending before the learned Civil Judge (Senior Division), Amritsar. In the said suit, the subject property is the same as that involved in the rent petition filed by respondent No. 1 – Pawan Kumar.

4. It is further submitted that the husband-revisionist had filed an application under Section 151 CPC seeking stay of proceedings before the learned Rent Controller on the ground that the civil suit titled Seema vs. Ankit Thakur and others is pending. However, the learned Rent Controller, Amritsar (also holding the charge of Civil Judge, Senior Division), has erroneously dismissed the said application under Section 151 CPC, vide order dated 19.03.2025 (Annexure P-1).

5. Prayer was made for setting aside the order dated 19.03.2025 (Annexure P-1), passed by the learned Rent Controller, Amritsar, in a Rent Petition bearing No. RP/400/2021 titled Pawan Kumar and others vs. Ashok Kumar, and for staying the proceedings pending before the learned Rent Controller.

6. Though the aforesaid submissions have been made before this Court, it appears to this Court that the learned Rent Controller, Amritsar, is merely sitting over the rent petition titled Pawan Kumar and others vs. Ashok Kumar. While the present revisionist, Ashok Kumar, has denied the tenancy before the learned Rent Controller, this Court is of the considered view that the matter in the civil suit filed by the wife of the revisionist can be adjudicated independently to that of the rent petition pending before the learned Rent Controller, Amritsar, even if the subject property in both proceedings is the same.

7. Thus, this Court finds no merit in the prayer for setting aside the order dated 19.03.2025 (Annexure P-1), passed by the learned Rent Controller, Amritsar. Consequently, the prayer for stay is also declined.

8. Finding no illegality in the order dated 19.03.2025 (Annexure P-1) passed by the learned Rent Controller, Amritsar, the present revision petition, being devoid of merit, is accordingly dismissed.

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

AUGUST 08, 2025 (AMARINDER SINGH GREWAL)

nitin JUDGE Whether Speaking Yes Whether Reportable No