Punjab-Haryana High Court
Ashwani Kumar vs Madan Mohan And Others on 24 February, 2014
Author: Sabina
Bench: Sabina
Civil Revision No. 7221 of 2011 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 7221 of 2011 (O&M)
Date of Decision: 24.2.2014.
Ashwani Kumar .......Petitioner
Versus
Madan Mohan and others .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Sachin Sharma, Advocate
for the petitioner.
Mr. Sumeet Dua, Advocate for
Mr. Veneet Sharma, Advocate
for respondent No. 1.
None for respondent No. 2.
Mr. Harneet Kaur Puri, Advocate for
Mr. M.S.Bedi, Advocate
for respondent No. 3.
****
SABINA, J.
Petitioner has filed this petition challenging the order dated 31.10.2011 whereby application moved by the petitioner for permission to amend the objection petition, was dismissed.
I have heard the learned counsel for the parties and have gone through the record available on the file carefully.
In the present case, respondent No. 1 had filed suit against Bishan Dass for possession by way of specific performance of agreement to sell dated 20.12.1995 and that the sale deed dated 31.12.1996 executed by Bishan Dass in favour of Maghar Singh, was illegal, null and void. Suit filed by respondent No. 1 was Singh Gurpreet 2014.02.26 10:44 I attest to the accuracy and integrity of this document chandigarh Civil Revision No. 7221 of 2011 (O&M) -2- decreed vide judgment/decree dated 22.8.2008 in ex parte. Petitioner has filed ejectment petition in an execution petition moved by respondent No. 1- decree holder. Thereafter, petitioner sought amendment of the objection petition. Vide the impugned order, the said application was dismissed. By way of amendment, petitioner wants to incorporate the fact that he has also challenged the ex parte decree dated 22.8.2008 by filing a separate suit for declaration against the respondents. The said fact may not be relevant for decision of the objection petition filed by the petitioner unless the petitioner can produce some order whereby the execution proceedings in the present case have been stayed.
In these circumstances, the learned Executing Court had rightly dismissed the application moved by the petitioner for permission to amend the objection petition.
No ground for interference is made out.
Dismissed.
(SABINA) JUDGE February 24, 2014 Gurpreet Singh Gurpreet 2014.02.26 10:44 I attest to the accuracy and integrity of this document chandigarh