Hisham Singh v. Nawab Singh And ANR

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.145 of 2016 (O&M) Date of Decision.12.01.2016 Hisham Singh .......Petitioner Vs.

Nawab Singh and another ........Respondents

Present:

Mr. Robin Dutt, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The judgment debtor who has preferred an appeal against the award of Tribunal has not been able to obtain an order of stay in the Appellate Court. The decree-holder has put the decree in execution and has brought the property of the judgment debtor to sale. The objection coming from the judgment debtor is that there is an appeal pending and the Court should await further proceedings till the conclusion of the appeal. It is also the objection that father's name is not properly described and hence the property ought not to be brought to sale. None of these objections can stick validly, for it is the identity of the property that is relevant for putting the property in execution and the name of the father even if described wrongly ought not to come in the way of valid execution.

2.

There is no merit in the revision petition. The revision petition is dismissed.

(K. KANNAN) JUDGE January 12, 2016 Pankaj* PANKAJ KUMAR 2016.01.13 14:24 I attest to the accuracy and integrity of this document