Davinder Singh v. Har Bhagwan
CR-4727-2004 (O&M)
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# DAVINDER SINGH AND OTHERS
HAR BHAGWAN AND OTHERS
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..... ( ' )+ , -./ CM-20261-CII-2025 The present application has been filed seeking preponing of the date of hearing of the main case.
Since the main case is listed for today, hence, the present application is disposed of as having been rendered infructuous.
CM-20304-CII-2025 The present application has been filed under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure for impleading the legal representatives of deceased petitioner No.2-Hoshiar Singh. Application is allowed as prayed for and legal representatives as mentioned in para No.2 of the application are impleaded as party. Amended memo of parties is taken on record.
Registry is directed to tag the same at appropriate place. CM-15787-CII-2017 The present application has been filed under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure for impleading the legal representatives of deceased petitioner No.3-Balkar Singh. Application is allowed as prayed for and legal representatives as mentioned in para No.2 of the application are impleaded as party. Amended memo of parties is taken on record.
Registry is directed to tag the same at appropriate place. CM-3699-CII-2025 The present application has been filed under Order 22 Rule 4 read with Section 151 of the Code of Civil Procedure for impleading the legal representatives of the applicant-respondent No.2. Application is allowed as prayed for and legal representatives as mentioned in para No.3 of the application are impleaded as party. Amended memo of parties is taken on record.
Registry is directed to tag the same at appropriate place.
/ CM-20262-CII-2025 in/and CR-4727-2004 The instant Civil Revision had been preferred against impugned order dated 14.09.2004 passed by the Additional District Judge, Karnal. Learned Counsel appearing on behalf of the petitioner-objector contends that he had filed objections in the execution proceedings. The said objections were allowed by the Executing Court against which the decree holder had preferred an appeal before the Court of Additional Sessions Judge. The said appeal was allowed by the Additional Sessions Judge and the order passed by the Executing Court was set aside, giving rise to the present revision petition. He contends that proceedings before the Executing Court had been stayed. It is submitted that during the pendency of the present revision petition, the parties have already entered into a settlement as per which the decree holder has agreed to execute a sale deed with respect to the said property in favour of the objector-petitioner herein. The said agreement to sell has been appended alongwith Civil Miscellaneous No. CM-20262-CII-2025.
Learned Counsel for the petitioner contends that in view of the settlement having been arrived at between the parties whereby the decree holder has agreed to execute the sale deed with respect to the property in favour of the petitioner vide agreement to sell dated 05.09.2025, hence, the present revision petition may be disposed of in terms of the settlement so arrived at amongst the parties.
Counsel for the decree-holder-respondent(s) acknowledges the factum of settlement amongst the parties and execution of an agreement to sell with the petitioner herein.
0 In view of the above, the present application as well as petition are disposed of in view of the settlement arrived at amongst the parties. The impugned order dated 14.09.2004 passed by the Additional District Judge is consequently set aside.
Since main petition is disposed of, the CM-8778-CII of 2016 for determining mesne profits is also disposed of.
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