Greater Mohali Area Development ... vs Baldev Singh And Anr on 1 April, 2019

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Punjab-Haryana High Court

Greater Mohali Area Development ... vs Baldev Singh And Anr on 1 April, 2019

Bench: Raj Mohan Singh

      IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH

231                                    CR No.2855 of 2017 (O&M)
                                       Date of Decision: 1.4.2019

GREATER MOHALI AREA DEVELOPMENT AUTHORITY THR
ESTATE OFFICER

                                                   ......Petitioners
       Versus

BALDEV SINGH AND ANR.
                                                   .....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present: Mr.R.S.Khosla, Sr. Advocate with
         Mr.Sarvesh Malik, Advocate
         for the petitioners.

          Mr.Naresh Kaushik,Advocate
          for the respondents.

            ****

RAJ MOHAN SINGH, J.(Oral)

Admittedly, RFA No.4343 of 2014 is pending in this Court, wherein 50% of the award passed by the reference Court was stayed and the remaining 50% of the amount arising out of the award was ordered to be disbursed to the rightful claimants subject to furnishing of adequate security to the satisfaction of the executing Court. Perusal of the impugned order would show that the application filed by the judgment debtors for adjourning the execution sine die was dismissed. Judgment debtors/ petitioner demonstrated before the executing Court that in the appeal/ RFA filed before the High Court, an application under 1 of 2 ::: Downloaded on - 14-04-2019 16:13:29 ::: CR No.2855 of 2017 (O&M) -2- Order 41 Rule 27 CPC was filed on discovery of a new fact in respect of 10% of the non-litigation premium having been paid to the claimants and, therefore, claimants are not entitled for 50% of the enhanced amount by the reference Court or to file any further appeal for enhancement. Evidently, in the pending RFA, an application was filed on that premise, but the same has been withdrawn.

In my considered opinion this is not the scope of the present revision petition as this Court cannot review /recall the order passed by the Coordinate Bench in RFA No.4343 of 2014.

This revision petition is accordingly dismissed with liberty to the petitioner to avail its legal remedy in accordance with law.





                                             (RAJ MOHAN SINGH)
April 01, 2019                                  JUDGE
anita


Whether reasoned/speaking                    Yes/No
Whether reportable                           Yes/No




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