C.R. No. 3562 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3562 of 2011 Date of Decision: May 27, 2011 M/s Bansal Rice Traders …..Petitioner Vs. Sanjeev Kumar and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Pardeep Goyal, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Petitioner is aggrieved by the attachment in execution being a third party. His third party objections against the attachment under Order 21 Rule 58 CPC have dismissed by the Executing Court. An appeal is pending before the lower Appellate Court alongwith an application under Section 5 of the Limitation Act. The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution for a direction for C.R. No. 3562 of 2011 [2] expeditious disposal of an application under Section 5 of the Limitation Act and the application for interim stay annexures P-2 and P-3, respectively. I have heard counsel for the petitioner. It is apparent that the petitioner has got a right of appeal under Order 21 Rule 58 (4) CPC against the order passed by the executing Court dismissing the objections under Order 21 Rule 58 CPC as per the judgment in Gurram Seetharam Reddy Vs. Smt.Gunti Yashoda and another, AIR 2005 AP 95. The appeal cannot be adjudicated on merits unless and until the application under Section 5 of the Limitation Act is considered and decided. The application for interim stay filed by the petitioner before the lower Appellate Court can also not be adjudicated upon till the disposal of application for condonation of delay. The appeal is stated to be fixed for today for consideration of application for condonation of delay. The counsel is not aware of the order passed by the lower Appellate Court. Issuance of any directions for expeditious disposal, in such circumstances, will not be appropriate. The petitioner is directed to submit the application for expeditious disposal of the application for condonation of delay and application for interim stay of the execution proceedings by sale of property of petitioner. In case any such application is filed, the lower Appellate Court is expected to consider the same and take a decision for expeditious disposal to achieve the ends of justice. In case the application for expeditious disposal is not considered and the application for condonation of delay is not decided within a period of one month after the filing of application, it will be open to the petitioner to approach this Court again. C.R. No. 3562 of 2011 [3] Disposed of. Copy of the order be given dasti to the counsel for the petitioner under the signatures of the Special Secretary. May 27, 2011 (M.M.S.BEDI) sanjay JUDGE