Punjab-Haryana High Court
Sukhdev Singh vs Gurcharan Lal on 20 February, 2014
Author: Sabina
Bench: Sabina
CR No.1280 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(113)
CR No.1280 of 2014
Date of decision:20.02.2014
Sukhdev Singh
......Petitioner
Versus
Gurcharan Lal
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Virender Singh, Advocate for
Mr. R.S. Mamli, Advocate
for the petitioner.
****
SABINA, J.
Petitioner has filed this petition challenging the order dated 01.02.2014, whereby petition filed by the petitioner, was dismissed.
I have heard learned counsel for the petitioner and have gone through the record available on the file carefully.
The Executing Court, while dismissing the objection petition has observed as under:-
"Perusal of the case file reveals that order of eviction against the JD has been upheld by Hon'ble Punjab and Haryana High Court on 16.04.2013. Sandeep Sethi 2014.02.20 17:11 I attest to the accuracy and integrity of this document CR No.1280 of 2014 -2- Today more than five months have elapsed since the date of passing of judgment of Hon'ble Punjab and Haryana High Court, but the JD has not been able to produce any document before this court as to whether he has preferred any SLP before Hon'ble Supreme Court of India and neither he has been able to place any document on the court file that order of eviction has been stayed by any court of law of the country. As such when an order of eviction passed against the JD has been upheld by Hon'ble Punjab and Haryana High Court and since JD has not been able to show as to whether he has preferred any SLP against the said judgment of Hon'ble Punjab and Haryana High Court, no merits lie in the present objections and as such objection stands dismissed. Let warrant of possession be issued for 5-4- 2014. SHO concern is directed to provide the necessary police help for the purposes of execution of warrant of possession in the present case in case executing official applies for the same and the executing official shall be at liberty to break the locks put on the premises in question. The executing official is also directed to prepare an inventory of the articles lying in the premises in question in the presence of two respectable members of the locality and to deposit the articles lying in the premises in Sandeep Sethi 2014.02.20 17:11 I attest to the accuracy and integrity of this document CR No.1280 of 2014 -3- question in the nearest police station and report regarding the same be also placed on the case file. Now to come up on 5-4-2014 for awaiting report of executing official qua execution of warrants of possession."
Thus, in the present case, eviction of the petitioner has been upheld up to this Court. Petitioner had failed to prove before the Executing Court that he had approached the Apex Court. In these circumstances, the ejectment order passed against the petitioner by the Rent Controller on 02.11.2010 was liable to be executed.
Hence, no ground for interference is made out. Dismissed.
(SABINA) JUDGE February 20, 2014.
sandeep sethi Sandeep Sethi 2014.02.20 17:11 I attest to the accuracy and integrity of this document