Kartar Singh Since Deceased Through His Lrs Gurmeet Singh v. Mangat Singh Since Deceased Through Lrs

IN T

Kartar Singh (si Mangat Singh (s

CORAM : HON

Present: Mr MANDEEP PA

1.

Pre India has been LRs seeking a Mohali to exped through LRs v. said Court.

2.

It i along with the Mangat Singh fi house and for p construction ov Additional Civil respondent filed for passing of fi

29.08.2023, the THE HIGH COURT OF PUNJ AT CHANDIGA -.-

CR

De

ince deceased) through his LRs VERSUS since deceased) through his LRs N'BLE MS. JUSTICE MANDE r. Sartaj Singh Gill, Advocate for -.- ANNU J. esent civil revision petition unde filed by the petitioner-Kartar S direction to the learned Addit ditiously adjudicate upon the app f delay in the appeal titled as Mangat Singh (since deceased) is submitted that the petitioner respondents and other co-sha filed a suit for possession of 1/16 permanent injunction restraining ver the said property. By judgm l Judge decided the said civil sui d an application before the Cou inal decree, which came to be pa respondent filed an execution

JAB AND HARYANA ARH R-6379-2025 (O&M) cided on :- 12.09.2025

....Petitioner

....Respondent EEP PANNU r the petitioner. er Article 227 of the Constitution Singh (since deceased) through tional District Judge, SAS Nag plication dated 17.12.2024 filed "Kartar Singh (since deceas ) through LRs", pending before is a co-owner in the suit prope arers. On 23.12.2010, respond 6th share by way of partition of g the defendants from making a ment dated 16.11.2016, the learn it. Subsequently, on 04.01.2017, urt of Civil Judge (Junior Divisi assed on 03.02.2023. Thereafter, application before the Civil Jud

- ts n of his gar, sed) erty dent f the any ion) , on

(Junior Division whereby the rep

3.

On proceedings, in judgment dated share was being Civil Judge (Ju petitioner and is Executing Court provide assistan execution applic

4.

In titled as "Karta deceased) throu Judge, SAS Na final decree had an application f stay of operation learned Addition appeared, and p exploring the po

5.

Ho pending for awa compromise wa n), Kharar, for executing the judg port of the Local Commissioner w n 27.11.2024, the petitioner file nter alia, contending that his sh d 16.11.2016, being a co-sharer g reduced with mala fide intenti unior Division), Kharar dismi ssued warrants of possession alo t has been issuing warrants of po nce in execution of the warra cation is now pending for 12.09.2 the meantime, on 17.12.2024, ar Singh (since deceased) thro ugh LRs." before the Court o agar, against the judgment and d been passed. Along with the sai for condonation of delay of 682 n of the judgment and decree da nal District Judge, SAS Nagar i f delay for 23.12.2024. On that parties were directed to be pre ossibility of settlement. wever, the matter was adjourne aiting report of the mediation fo as effected, the case was adjourn

gment and decree dated 03.02.20 was accepted. d objections in the said execut hare had also been confirmed r in the suit property, and that ions. However, on 11.12.2024, issed the objections filed by ong with police aid. Since then, ossession and directing the police ants vide various orders, and 2025. the petitioner filed a civil app ugh LRs v. Mangat Singh (sin of the learned Additional Dist decree dated 03.02.2023, where id appeal, the petitioner also mov 2 days as well as an application ated 03.02.2023. On 17.12.2024, issued notice in the application t date, counsel for the respond esent in person on 24.12.2024 d to 08.01.2025 and then remain r three consecutive dates. When ned to 28.02.2025 for filing reply

- tion by his e to peal nce trict eby ved dent n no

the application respondents, an opportunity. Ag for filing reply s filed, and the opportunity. On parties, the cas

14.07.2025, the be settled. Even for reply, subjec

6.

It i are actively pur Division), Khar other hand, they application for Additional Distr of the responden some direction i Findings

7.

Hav events noted ab their reply till d multiple occasio and "last opport for condonation of delay. On th nd the case was adjourned to 18 gain, reply was not filed and the m subject to last opportunity. On 1 matter was adjourned to 25.0 n 22.05.2025, though no reply se was referred to the Media mediation report was received, n then, no reply was filed, and the ct to yet another last opportunity. s submitted by the petitioner tha rsuing the execution proceedin ar and obtaining warrants of pos y are deliberately and purposely condonation of delay in the a rict Judge, SAS Nagar. The pet nts has stalled the hearing of his is required to ensure expeditious ving considered the content of bove, it is evident that despite delay as far back as on 17.12.20 date. The record further shows th ons for mediation and thereafter tunities" granted to the responden

hat date, no reply was filed by

8.03.2025 for reply subject to matter was adjourned to 15.04.20

15.04.2025, yet again reply was

05.2025, subject to last and fi was filed, on the request of ation Centre for 27.05.2025. recording that the matter could e case was adjourned to 22.09.20 . at on the one hand, the responde ngs before the Civil Judge (Jun ssession with police aid, but on y not filing reply to the petitione appeal pending before the learn titioner contends that such cond s application since 17.12.2024, disposal of the application. the petition and the chronology e the filing of the application 024, the respondents have not fi hat the case has been adjourned for reply, with repeated indulge nts, but without any result.

- last not final On not ents nior er's duct and y of iled d on

8.

On their execution securing warran petitioner's con conduct amount Conclusion

9.

In further delay ca SAS Nagar, M expeditiously as receipt of a certi

10.

The

11.

Pen

September 12, 2 tripti

Whether s

Whether n the other hand, the responden application before the Civil Ju nts of possession, while deliber ndonation application pending ts to abuse of process and causes these circumstances, this Court n be permitted. Accordingly, the Mohali is requested to decide f delay dated 17.12.2024 strictl s possible, preferably within a pe ified copy of this order. e civil revision petition is allowe nding application(s), if any, also 2025

speaking/non-speaking : Speaking reportable : Yes/No

nts have been vigorously pursu udge (Junior Division), Kharar a rately delaying the disposal of before the appellate Court. Su s serious prejudice to the petition t is of the considered view that e learned Additional District Jud e the petitioner's application ly in accordance with law and eriod of one month from the date ed of with the above directions. stand disposed of. (MANDEEP PANNU) JUDGE

- uing and uch ner. t no dge, d as