IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3107 of 2005 (O&M) Date of Decision:- 04.02.2008 Ashok Kumar & another ....Petitioner(s) through Mr.Rakesh Gupta, Advocate vs. Sanjay Kumar & another ....Respondent(s) through Mr.J.R.Mittal, Sr.Advocate with Mr.Kashmir Singh, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition under Article 227 of the Constitution of India is directed against the order dated 26.5.2005 passed by the learned Civil Judge (Sr.Division), Kaithal in execution proceedings. During the course of hearing, learned counsel for the respondents has taken a preliminary objection that the aforementioned order is appealable. Learned counsel for the petitioners also fairly concedes this objection. Accordingly, as prayed for by learned counsel for the petitioners, this petition is dismissed as withdrawn with liberty to the petitioners to prefer an appeal before the Appellate Court. It is directed that in case the petitioners prefer an appeal within two weeks from today along with an application under Section 5 read C.R. No.3107 of 2005 (O&M) -2- with Section 14 of the Limitation Act, the appellate Court shall consider the said application sympathetically, keeping in view the fact that the petitioners have been bonafidely pursuing this revision petition before this Court and have, thus, made out a prima facie case under Section 14 of the Act. In other words, the appellate Court's endeavour should be to decide the appeal on merits and not on technical grounds. It is further directed that till the application for ad-interim stay is decided by the appellate Court, the ad-interim order dated May 31, 2005 passed by this Court whereby dispossession of the petitioner was stayed will continue. Keeping in view the nature of lis, the appellate Court shall make a further endeavour to decide the appeal as early as possible and preferably within four months. February 04, 2008 ( SURYA KANT ) poonam JUDGE