In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 2087 of 2009 (O&M) Date of decision: December 17, 2009 State of Punjab and others .. Petitioners Vs. S. Hardial Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. K.S. Dadwal, Addl. A.G. Punjab for the petitioners. Mr. G.S. Bal, Advocate for the respondent No.1. A.N. Jindal, J The petitioner-State has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 4.3.2009 (Annexure P-2) passed by the learned Additional District Judge, Ludhiana. The only contesting respondent has been served through his counsel Mr. B.K. Goyal, Advocate. The other respondents are performa respondents, as such, their service is dispensed with. Arguments as advanced by both the parties were heard. The learned counsel for the petitioner has pressed hard on the point that the judgment passed by the trial court was without application of mind and it was decided with one line that he agrees with the contentions as advanced by the learned counsel for the plaintiff, therefore, the petitioner was justified in pressing for the stay of the execution of the decree during the pendency of the appeal. He has further brought to my notice that the appeal is at the stage of arguments. Civil Revision No. 2087 of 2009 -2- *** Application of mind is a condition precedent for disposal of the case so as to perusal of the record and hearing of the parties. In view of the matter, this petition is disposed of with a direction to the trial court that the execution of the decree shall remain stayed during the pendency of the appeal. I have also been informed by the counsel for the respondent that Hardial Singh respondent has died but the death by itself will not end the authority of the counsel to argue the case. However, either of the counsel for the parties would be at liberty to move appropriate application for impleading legal representatives before the trial court. December 17, 2009 (A.N. Jindal) deepak Judge