Association (Regd.) Amritsar Diocesan Trust Association (Regd.) v. Karan Bhatia and Others Karan Bhatia and Others
Case Details
(O&M) CR-5405-2025 (O&M) -1- 116 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- Decided on :- 13.08.2025 Decided on : 1. CR-5405 5405-2025 (O&M) Amritsar Diocesan Trust Association (Regd.) Amritsar Diocesan Trust Association (Regd.) ....Petitioner VERSUS Karan Bhatia and Others Karan Bhatia and Others ....Respondents 2. CR-5407 5407-2025 (O&M) Amritsar Diocesan Trust Association (Regd.) Amritsar Diocesan Trust Association (Regd.) ....Petitioner VERSUS Amritsar Diocesan Trust Association and Others Amritsar Diocesan Trust Association and Others Amritsar Diocesan Trust Association and Others ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Mr. Sukhandeep Singh, Advocate for the petitioner Sukhandeep Singh, Advocate for the petitioner(s). MANDEEP PANNU J. MANDEEP PANNU -.- 1. revision This order shall dispose of above-numbered both the revision This order shall dispose of above This order shall dispose of above for a filed under Article 227 of the Constitution of India, praying for a filed under Article 227 of the Constitution of India, praying petitions, filed under Article 227 of the Constitution of India, praying r, to decide CMA No. 47 direction to the learned Additional District Judge, Amritsar, to decide CMA No. 47 direction to the learned Additional District Judge, Amritsa direction to the learned Additional District Judge, Amritsa Karan Bhatia and others vs. Amritsar Diocese and Trust of 2023 titled as “Karan Bhatia and others vs. Amritsar Diocese and Trust Karan Bhatia and others vs. Amritsar Diocese and Trust of 2023 titled as “ Association” and CA No. 101 of 2023 and CA No. 101 of 2023 titled as “ Amritsar Diocese and Trust titled as “Amritsar Diocese and Trust General Power (Regd.) through Rev. Deepak Kumar Secretary-cum-General Power (Regd.) through Rev. Deepak Kumar Secretary Association (Regd.) through Rev. Deepak Kumar Secretary of Attorney Holder vs. Amritsar Diocese and Trust Association of Attorney Holder vs. (Regd.) through Amritsar Diocese and Trust Association (Regd.) through Sadrick Sohan Lal and Samantharoy and others Sadrick Sohan Lal and Samantharoy expeditiously and in a time- and others” expeditiously and in a time bound manner. These appeals arise out of the order dated 16.02.2023 bound manner. These appeals passed by the the order dated 16.02.2023 passed by the TRIPTI SAINI 2025.08.21 16:09 I attest to the accuracy and integrity of this document (O&M) CR-5405-2025 (O&M) -2- learned Executing Court, whereby the objections preferred by the respondents to learned Executing Court, whereby the objections preferred by the respondents to learned Executing Court, whereby the objections preferred by the respondents to learned Executing Court, whereby the objections preferred by the respondents to the execution petition were dismissed. the execution petition were dismissed. BRIEF FACTS BRIEF FACTS 2. The petitioner had filed a rent petition under Section 13 of the East The petitioner had filed a rent petition under Section 13 of the East The petitioner had filed a rent petition under Section 13 of the East The petitioner had filed a rent petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, on an Rent Restriction Act, 1949, on 09.04. 2008 against one Rajiv Bhatia 09.04.2008 against one Rajiv Bhatia seeking ejectment of the tenant from the demised premises. The Rent Controller seeking ejectment of the tenant from the demised premises. The Rent Contro seeking ejectment of the tenant from the demised premises. The Rent Contro seeking ejectment of the tenant from the demised premises. The Rent Contro allowed the petition on 13.09.2011. allowed the petition on 13 3. Thereafter, an execution petition was filed on 15.06. Thereafter, a cution petition was filed on 15.06.2012 before 2012 before the learned Civil Judge (Junior Division), Amritsar. During execution, respondents learned Civil Judge (Junior Division), Amritsar. During execution, respondents learned Civil Judge (Junior Division), Amritsar. During execution, respondents learned Civil Judge (Junior Division), Amritsar. During execution, respondents Despite dismissal of No. 1 and 2 and respondent No. 3 filed separate objections. Despite dismissal of No. 1 and 2 and respondent No. 3 filed separate objections. No. 1 and 2 and respondent No. 3 filed separate objections. CMA No. 47 of objections, the respondents preferred their respective appeals, CMA No. 47 of objections, the respondents preferred their respective appeals objections, the respondents preferred their respective appeals 2023 and CA No. 101 of 2023, on 22.03.2023 2023 and CA No before the learned Additional , on 22.03.2023 before the learned Additional District Judge, Amritsar, against the order dated 16.02. District Judge, Amrit 2023. These appeals are still sar, against the order dated 16.02.2023. These appeals are still pending. 4. It is contended that the execution petition has remained pending since t is contended that the execution petition has remained pending since t is contended that the execution petition has remained pending since t is contended that the execution petition has remained pending since 15.06.2012 without any inte rim stay, solely due to frivolous objections and dilatory 2012 without any interim stay, solely due to frivolous objections and dilatory rim stay, solely due to frivolous objections and dilatory tactics adopted by the respondents. The prolonged pendency has deprived the tactics adopted by the respondents. The prolonged pendency has deprived the tactics adopted by the respondents. The prolonged pendency has deprived the tactics adopted by the respondents. The prolonged pendency has deprived the petitioner of the fruits of the ejectment order for nearly fourteen years. petitioner of the fruits of the ejectment order for nearly fourteen years. petitioner of the fruits of the ejectment order for nearly fourteen years. 5. mpts by the respondents to It is further urged that even earlier, attempts by the respondents to It is further urged that even earlier, atte It is further urged that even earlier, atte stall execution had been rejected, yet the matter has not reached finality due to stall execution had been rejected, yet the matter has not reached finality due to stall execution had been rejected, yet the matter has not reached finality due to stall execution had been rejected, yet the matter has not reached finality due to repeated objections and successive appeals. repeated objections and successive appeals. 6. I have heard learned counsel for the petitioner and perused the record I have heard learned counsel for the petitioner and perused the record I have heard learned counsel for the petitioner and perused the record I have heard learned counsel for the petitioner and perused the record with his assistance. with his assistance. 7. the year 2008 and is evident that the rent petition was instituted in the year 2008 and is evident that the rent petition was instituted in It is evident that the rent petition was instituted in allowed on 13.09.2011. The execution petition, filed on 15 allowed on 13.09. 2012, has remained 2011. The execution petition, filed on 15.06.2012, has remained TRIPTI SAINI 2025.08.21 16:09 I attest to the accuracy and integrity of this document (O&M) CR-5405-2025 (O&M) -3- undecided till date. The protracted pendency is primarily on account of repeated undecided till date. The protracted pendency is primarily on account of repeated undecided till date. The protracted pendency is primarily on account of repeated undecided till date. The protracted pendency is primarily on account of repeated and untenable objections by the respondents. and untenable objection 8. It is a settled principle that once a decree has attained finality, the It is a settled principle that once a decree has attained finality, the It is a settled principle that once a decree has attained finality, the It is a settled principle that once a decree has attained finality, the The Supreme holder is entitled to its fruits without unreasonable delay. The Supreme holder is entitled to its fruits without unreasonable delay. decree-holder is entitled to its fruits without unreasonable delay.