121

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-3441-2021 (O&M)

CM-14571-CII-2021

Date of Decision: 21.12.2021

ASHOK KUMAR MARWAHA AND ANOTHER

…Petitioners

Versus

VINOD KUMAR JASSAL AND ANOTHER

…Respondents

CORAM: HON’BLE MR. JUSTICE ARUN MONGA

Present :

Mr. Chetan Goel, Advocate

for the petitioners.

ARUN MONGA, J. (ORAL)

Present revision petition is to set aside the order dated

09.11.2021 passed by the Appellate Authority, Chandigarh under the Rent

Act, whereby, without giving any finding on the application for staying the

operation of order dated 20.09.2021 filed by the petitioners, the appeal has

been fixed for 17.02.2022.

2.

I have heard learned counsel for the petitioners and gone

through the case file.

3.

Learned counsel, inter alia, relies on Apex Court judgement rendered

in titled `Mool Chand Yadav and another vs Raza Buland Sugar Company’

1982(3) SCC 484 as well as judgment of this Court in case titled as

`Ashwani Kumar Bindra vs Satish Kumar’ (Civil Revision No.8745 of 2017,

decided on 13.12.2017).

4.

Given the nature of order being passed, there is no necessity to

issue notice as no further proceedings and/or pleadings are required.

GURPREET KAUR

2021.12.23 09:29

I attest to the accuracy and

integrity of this document

5.

Without commenting on the merits of the case, instant petition

is disposed of with a request to the Appellate Authority, subject to

exigencies of the work load, that if possible, the next date fixed in the appeal

be preponed for the limited purpose of disposing the stay application filed

along therewith. If the same is not possible, the Executing Court, as one time

measure, shall adjourn the execution proceedings pending before it beyond

the date fixed before the Appellate Court.

6.

It is made clear that the Appellate Court shall dispose of the

stay application on its own merits, in accordance with law and request of this

court to prepone shall not, in any manner, be construed as any pointer on the

merits thereof.

7.

Disposed of accordingly.

December 21, 2021

(ARUN MONGA)

gurpreet

JUDGE

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

GURPREET KAUR

2021.12.23 09:29

I attest to the accuracy and

integrity of this document