Punjab-Haryana High Court
M/S Dharam Pal Satish Kumar vs Shri Satish Kumar And Others on 28 July, 2014
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CR No.7998 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CR No.7998 of 2011 (O&M)
Date of Decision: 28.07.2014
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M/s Dharam Pal Satish Kumar
. . . .Petitioner
Versus
Shri Satish Kumar and others
. . . . Respondents
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CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.A.K. Chopra, Sr. Advocate, with
Mr.Mannu Luna, Advocate,
for the petitioner.
Mr.Vivek Salathia, Advocate,
for the respondents.
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RAKESH KUMAR JAIN, J. (ORAL)
The question as to whether in terms of the compromise dated 16.12.2006, possession of the shop in dispute was handed over to the decree-holder by the judgment-debtor and the decree- holder had further let it out to Gulshan Singh vide registered lease deed dated 21.12.2006, witnessed by one Raman Nehra, is to be determined by Executing Court as both Gulshan Singh and Raman Nehra had filed their affidavit in this regard.
It is also one of the questions to be determined as to whether the decree holder had received any amount in terms of Pahwa Vivek 2014.08.02 13:03 I attest to the accuracy and integrity of this document CR No.7998 of 2011 -2- 'pagri' from Gulshan Singh and has squared of the balance amount which was to be paid by the judgment-debtor to him.
Both the parties are ad idem that the matter may be remanded back to the Executing Court with a direction that he would frame an issue in this regard and allow the parties to lead their respective evidence subject to the condition that the petitioner would deposit a demand draft of `8,31,756/- towards alleged principal amount in the Executing Court, which shall be paid after culmination of the proceedings, along with interest to the successful party.
The Executing Court shall deposit the aforesaid amount in the fixed deposit in the Nationalized Bank earning maximum interest. Accordingly, this order is set aside and the house of the petitioner, which has been attached, shall be released till the objections are decided. The Executing Court is further directed to decide the execution as early as possible preferably within a period of six months.
(RAKESH KUMAR JAIN) 28.07.2014 JUDGE Vivek Pahwa Vivek 2014.08.02 13:03 I attest to the accuracy and integrity of this document