IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5765 of 2011 (O&M) Date of decision: 21st September, 2011 Nathu Ram … Petitioner Versus Chhotu Singh … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Peeush Gagneja, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present revision petition, a prayer has been made that the Court of Additional District Judge, Ferozepur be directed to decide the stay application (Annexure P-4) filed by the petitioner in appeal within a stipulated timeframe. Counsel for the petitioner states that the respondent-plaintiff had filed a suit for specific performance of agreement to sell dated 27th January, 1998 with an alternative relief of decree for recovery of Rs.3,15,800/-. Counsel further states that the above said suit filed by the respondent-plaintiff was decreed and the respondent-plaintiff had sought execution of the decree by filing an execution application, in which the petitioner had filed objections and they were dismissed vide order (Annexure P-2) dated 3rd August, 2011. Counsel further states that aggrieved against the dismissal of the objections, the petitioner has filed an appeal. The same is now listed for 3rd October, 2011. It is stated that in the appeal, the petitioner has filed an application (Annexure P-4) for stay, but the same is not being decided and meanwhile, the Executing Court is proceeding ahead with the execution proceedings and thereby Civil Revision No.5765 of 2011 (O&M) there is every apprehension that for non-grant of stay the appeal filed by the petitioner will be rendered infructuous. After hearing counsel for the petitioner, present petition is disposed of with a direction to the appellate Court below to decide the application for stay on the next date of hearing, i.e. 3rd October, 2011. The direction given above to decide the application will not preclude the appellate Court below to decide the main appeal itself. [KANWALJIT SINGH AHLUWALIA] JUDGE September 21, 2011 rps 2