Sandeep Sharma (Deceased) Through Lrs v. Bharat Lal Maurya And Others

2023:PHHC:099666 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 3815 of 2017 Date of Decision: 03.08.2023 Sandeep Sharma (Deceased) through his Legal Representative ... Petitioner(s)

Versus

Bharat Lal Maurya and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Ms. Ekakshra Mahajan, Advocate for the petitioner(s).

Mr. Mandeep Singh Khillan, Advocate for the respondent No.1.

Anil Kshetarpal, J.

1.

In the proceedings arising from the objection petition under Order XXI Rule 97 read with Section 47 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), the Court below has framed the issues while calling upon the parties to lead evidence. 2.

The learned counsel representing the petitioner submits that the framing of the issues would result in a full blown trial and cause delay in the execution of the decree.

3.

On the other hand, the learned counsel representing the respondent submits that the objectors are the bonafide purchasers for a valuable consideration and they should be permitted to prove the same. 4.

In this case, the decree for specific performance of the agreement to sell was passed on 05.08.2013. After the judgment and decree was passed, a period of ten years has elapsed. At the same time, it would not DEEPAK KUMAR BHARDWAJ 2023.08.07 10:30 I attest to the accuracy and integrity of this document

2023:PHHC:099666 Civil Revision No. 3815 of 2017 be appropriate to decide the rights of third party objector for valuable consideration in a summary manner.

5.

Keeping in view the aforesaid facts, the present revision petition is disposed of while making an attempt to balance the rights of the parties. The Executing Court is directed to, positively, decide the execution petition within a period of six months, from today. (Anil Kshetarpal) Judge August 03, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.08.07 10:30 I attest to the accuracy and integrity of this document