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CR-3991-2026

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

125 CR-3991-2026

Date of decision: 12.05.2026

PARTAP SINGH THROUGH HIS LRS GAJENDER AND OTHERS

....PETITIONERS/DEFENDANTS

VERSUS

BIJENDER SINGH DAGAR AND ANOTHER

...RESPONDENTS/PLAINTIFFS

CORAM: HON’BLE MR. JUSTICE YASHVIR SINGH RATHOR

Present : Mr. Aman Sorout, Advocate

for the petitioners/defendants.

YASHVIR SINGH RATHOR , J. (ORAL)

1. This revision petition has been instituted by

petitioners/defendants under Article 227 of the Constitution of India for

setting aside the impugned order dated 06.04.2026 (Annexure P-6) vide

which the application for staying the operation of the judgment and decree

dated 22.10.2024 passed by learned Additional District Judge, Palwal, in

Civil Appeal No.11 of 2025, titled as Partap Singh Vs. Bijender Singh

Dagar and Another, has been dismissed.

2. In view of the nature of the order proposed to be passed,

issuance of notice to the respondents is dispensed with, as it would only

delay the proceedings and cause unnecessary expenditure to the

respondents.

3. I have heard learned counsel for the petitioners/defendants

and have gone through the material placed on record.

VISHAL VARDHAN

2026.05.13 05:57

I attest to the accuracy and

integrity of this document

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CR-3991-2026

4. A perusal of record shows that vide judgment and decree

dated 22.10.2024, the suit filed by the plaintiff/respondent has been de-

creed and a decree for possession by way of specific performance of the

agreement has been passed in his favour in respect of the suit property on

receipt of the balance sale consideration. Petitioners/defendants have in-

stituted an appeal against the aforesaid judgment and decree and have

sought stay of its execution during pendency of the appeal. However, the

said prayer has been declined vide impugned order. The relevant portion

of the order passed by the First Appellate Court is reproduced as under:-

“4. I have heard the parties and perused the record

carefully.

5. The perusal of the impugned judgment and decree

dated 22.10.2024 shows that the learned trial court has

granted the relief of specific performance to the extent of 8

kanals of land, out of property received by the appellant

without partition and the decree is not confined to any

particular killa nos. Therefore, the contention raised by

learned counsel for the appellant that the decree has become

inexecutable on account of non availability of specific killa

nos does not appear to be sustainable.

6. It is settled principle of law that where a co-sharer

enters into an agreement to sell in respect of specific killa

nos, out of joint property, such agreement amounts to

transfer of share in the joint property and not to any specific

share of land, prior to partition. Consequently, the

subsequent partition proceedings do not render such

agreement or the decree passed thereof, inexecutable and the

decree holder remains entitled to seek execution of the decree

from the share of the judgment debtor. Accordingly, at this

VISHAL VARDHAN

2026.05.13 05:57

I attest to the accuracy and

integrity of this document

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CR-3991-2026

stage, no specific ground is made out for staying the

execution of the impugned decree. Hence, the present

application for staying the operation of impugned judgment

and decree is hereby dismissed

7. No expression of this order shall be construed to be an

opinion upon the merits of the case.

An application for bringing on record the LRs of

deceased Partap Singh moved by counsel for appellant.

Application is supported with a copy of death certificate of

Pratap Singh. Adjourned to 11.5.2026 filing reply to the said

application as well as for arguments on main appeal.”

5. The order reflects that sale deed has already been executed

during the execution proceedings. Now warrant of possession has been is-

sued and in case, the judgment and decree dated 22.10.2024 under chal-

lenge is implemented and possession is also delivered to the decree-

holder/respondent, the appeal filed by the defendants/petitioners bearing

C