High Court of Punjab and HaryanaCR/810/2019dismissed

Iqbal Singh v. Tara Singh And Others

2019-02-04Mr. Justice Anil Kshetarpal2 pages

Civil Revision No.810 of 2019 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.810 of 2019 (O&M) Date of Order: 04.02.2019 Iqbal Singh ..Petitioner

Versus

Tara Singh and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Anantdeep Singh Sandhu, Advocate, for the petitioner.

ANIL KSHETARPAL, J(Oral) Judgment Debtor is in the revision petition against the order passed by the learned Executing Court dismissing his objection. Petitioner has objected to the execution of the decree on the ground that the original power of attorney issued by the decree holder is forged and fabricated.

Learned court has found no merit in the objection. Learned counsel for the petitioner submitted that in fact the decree is in favour of Tara Singh son of Anokh Singh, however, attorney has been executed by Thara Singh and not by Tara Singh. He further submitted that Tara Singh is resident of Malaysia, whereas in the power of attorney he has been shown to be present at Hotel Taj Palace, Sector-17, Chandigarh.

This court has considered the submission of learned counsel but find no merit therein.

The power of attorney was executed on 07.01.2008. There is NARESH KUMAR 2019.02.13 13:06 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.810 of 2019 (O&M) -2no document on the file which proves that Tara Singh and Thara Singh are two different persons. In absence thereof, the execution of the decree cannot be stalled. Decree Holder is a resident of Malaysia and when he came to India he executed power of attorney giving address of the place where he was staying. In such circumstances, the objections filed by the judgment debtor-petitioner have rightly been dismissed. In view thereof, this court does not find any good ground to interfere.

The revision petition is dismissed.

February 04, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.02.13 13:06 I attest to the accuracy and integrity of this document Chandigarh