Harinder Singh v. The Collector And Others

-1Civil Revision No.3306 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No.3306 of 2018 (O&M) Date of decision: 16.05.2018 Harinder Singh .......Petitioner versus The Collector, Land Acquisition Industries Department, Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mrs. Ritam Aggarwal, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Through instant petition under Article 227 of the Constitution of India challenge has been laid to order dated 05.05.2018 (Annexure P-1) of the Executing Court, Ludhiana, whereby application of the petitioner for impleading him as legal heir of Tarlochan Singh, on the basis of 'will' dated 09.04.2009, executed by Charan Kaur, was dismissed, whereas similar application by one Harminder Kaur for impleading her as legal heir of Tarlochan Singh on the basis of 'will' dated 28.01.2010, executed by Tarlochan Singh, was allowed.

Learned counsel for the petitioner while fairly conceding that rights of the petitioner have been duly protected by the Executing Court, urged that Executing Court may only be directed that before accepting the indemnity bond by the decree-holder, it should verify as to whether the same is genuine. Further, in case, some recovery has to be effected from the decree-holder in future, it would be able to effect the same. Ravinder Singh 2018.05.17 17:07 I attest to the accuracy and authenticity of this document Heard.

-2Civil Revision No.3306 of 2018 (O&M) This petition is disposed of with the above direction to the Executing Court.

(Ramendra Jain) May 16, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No.

Ravinder Singh 2018.05.17 17:07 I attest to the accuracy and authenticity of this document