IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5859 of 2010 Date of Decision: 08.10.2010 Joga Singh .... Petitioner Versus Ajmer Singh and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. H.S. Saini, Advocate for Mr. Raj Kumar Gupta, Advocate for the petitioner Mr. Arvind Kashyap, Advocate for respondent No. 1 ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 4.6.2010 passed by Civil Judge (Jr. Divn.) Fatehgarh Sahib whereby learned Appellate Court refused to stay the operation and effect of the decree for possession passed against the defendant-petitioner. Undisputedly decree was passed against the defendant (petitioner herein) for possession on 20.2.2010. Defendant (petitioner herein) has challenged judgment and decree passed by trial Court in the first Appellate Court. First Appellate Court admitted the appeal but did not stay the dispossession of the appellant pursuant to the impugned decree of the trial Court. The normal rule is that if appeal is admitted, then during the pendency of the appeal, dispossession must be stayed. If dispossession is not stayed during the pendency of the first appeal, appellant shall be dispossessed in compliance of the decree impugned before the Appellate Court and if appeal of the defendant is allowed then again defendant-appellant is C.R. No. 5859 of 2010 2 to make application for restitution of the possession which will amount to multiplicity of the litigation. Order impugned can not be sustained in the eyes of law. Petition is allowed. It is directed that operation and effect of the impugned decree dated 20.2.2010 passed by the trial Court shall remain stayed during the pendency of the first appeal. However, it is directed that first appeal shall be itself be decided within 60 days from the date certified copy of this order is placed before the District Judge. (ALOK SINGH) 08.10.2010 JUDGE reena