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Punjab-Haryana High Court

Ajmer Singh Deceased Th Lrs And Others vs Rakesh Kumar on 17 March, 2016

Author: Amit Rawal

Bench: Amit Rawal

         IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH

                                      CR No.1990 of 2016
                                      Date of decision:17.03.2016


Ajmer Singh (deceased) through LRs & others               ... Petitioners

                        Vs.

Rakesh Kumar                                              ... Respondent

CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

1.         Whether reporters of local newspapers may be allowed to
           see judgment?
2.         To be referred to reporters or not?
3.         Whether the judgment should be reported in the Digest?

Present:- Mr. Raman Mohinder Sharma, Advocate
          for the petitioners.

AMIT RAWAL J. (Oral)

Challenge in the present petition is to the impugned order dated 23.12.2015, whereby, the Lower Appellate Court has set aside the order allowing the objections filed by petitioners and directed the Executing Court to decide the objections after framing of the issue.

I am of the view that judgment and decree dated 20.01.2010 in a suit for specific performance is for refund of the earnest money, which is being thwarted by taking all frivolous objections. I do not intend to differ with the findings rendered in the impugned order remitting back the matter to the trial Court to decide the same after framing of issue and the same cannot be said to have been passed without jurisdiction.

No ground for interference is made out.

Accordingly, the revision petition is dismissed.

March 17, 2016                                (AMIT RAWAL)
savita                                           JUDGE




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