Punjab-Haryana High Court
Rajiv And Ors vs Sunil Kumar on 5 October, 2015
Author: Raj Mohan Singh
Bench: Raj Mohan Singh
124
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-6532-2015
Date of decision-05.10.2015.
RAJIV AND ORS .....Petitioner
VS
SUNIL KUMAR ...Respondent
CORAM:- HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:- Mr. Balkar Singh, Advocate
for the appellants.
***
RAJ MOHAN SINGH, J. (Oral)
The order impugned herein is passed by the Executing Court, dismissing the objections filed by the defendant/judgment debtor No.3. Judgment debtor No.3 claims right qua property ABCD on the basis of Release Deed dated 28.01.2003. The lower appellate Court while dealing two appeals on regular side filed by the plaintiff held that portion ABCD is under the ownership of the plaintiff by virtue of sale deed dated 07.06.2002 and therefore, plaintiff is entitled to possession of this portion since he has been dispossessed from the same. Respondents/judgment debtors were directed to handover the vacant possession of this portion to the plaintiff within a period of two months from 01.05.2014. The present revision petition has been filed by all the judgment debtors. Learned counsel states that the impugned order has been passed on the objections filed by judgment debtor No.3. So far as objections filed by judgment debtor No.1 and 2 are concerned, they are still pending before the executing Court.
No prayer has been made in the revision petition with regard to any direction to the executing Court for early disposal of pending objections SWARNJIT SINGH 2015.10.07 12:15 I attest to the accuracy and authenticity of this document CR-6532-2015 -2- at the instance of judgment debtors No.1 and 2. So far as impugned order rejecting the objections of judgment debtor No.3 is concerned, the same is not found to be suffering from any jurisdictional error.
This revision petition is dismissed, however, liberty is granted to the petitioner No.1 and 2 i.e. judgment debtor No.1 and 2 to pursue their pending objections in accordance with law.
Disposed of.
October 05, 2015 (RAJ MOHAN SINGH)
SwarnjitS JUDGE
SWARNJIT SINGH
2015.10.07 12:15
I attest to the accuracy and
authenticity of this document