LAWS(P&H)-2023-2-206

KASHMIRA SINGH Vs. MOHINDER SINGH KAHLON

Decided On February 22, 2023
KASHMIRA SINGH Appellant
V/S
Mohinder Singh Kahlon Respondents

JUDGEMENT

(1.) Challenge in the instant petition is to order (Annexure P-7) dtd. 7/11/2022 passed by the learned Civil Judge (Junior Division), Samrala, dismissing the application filed by the petitioner/Judgment debtor for staying execution in view of pendency of appeal filed by the petitioner against judgment and decree dtd. 19/3/2019 in Civil Suit No.52 of 2016 wherein the suit for recovery filed by the respondentsplaintiffs was decreed.

(2.) A perusal of order (Annexure P-7) reveals that the application for stay of execution till the decision of the appeal pending before the Court of the learned Addl. District Judge, Ludihana, was dismissed by the learned Civil Judge (Junior Division), Samrala, on the ground that mere pendency of the civil appeal was no ground for staying the proceedings.

(3.) Learned Counsel relies upon the decision of this Court in 'Harish Chander and anotherversusSurinder Kaur', CR No.38 of 2023, decided on 11/1/2023.