← Library
High Court of Punjab and HaryanaCR/489/2015dismissed

M/S India Lease Development Ltd And ORS v. Rajnish Behl And ORS

2016-05-20Mr. Justice A.B. Chaudhari2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 489 of 2015 Date of Decision: 20.05.2016 M/s India Lease Development Ltd. and Another ... Petitioner(s)

Versus

Rajnish Behl and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

1.

Whether reporters of local newspapers may be allowed to see judgment?

Yes To be referred to reporters or not?

Whether the judgment should be reported in the Digest?

Yes

Present:

Mr. Yogesh Goyal, Advocate for the petitioner(s).

Mr. Vaibhav Sahni, Advocate for the respondent(s).

Shekher Dhawan, J.

Present petition under Article 227 of the Constitution of India for setting aside order dated 17.12.2014, passed by learned Additional Civil Judge (Senior Division), Panchkula, whereby objection petition, filed by the petitioners before the Court below, was dismissed. Learned counsel for the petitioners submitted that the Court below has not taken into consideration the relevant facts and the circumstances leading to passing of the decree because in the present case, immense fraud has been committed by the petitioners. All the documents are DEEPAK KUMAR BHARDWAJ 2016.05.26 16:38 I attest to the accuracy and integrity of this document

Civil Revision No. 489 of 2015 in the custody of the respondents. Thus, present petition be accepted and impugned order be set aside.

Having considered the submissions made by learned counsel for the petitioners, this Court is of the considered view that Executing Court has taken the correct view in the matter that learned Executing Court cannot go beyond the decree. The objections taken by the petitioners were regarding passing of the decree only and the same cannot be entertained by the learned Executing Court and the same are rightly dismissed by the Court below. Consequently, present petition is without any merit and the same is hereby dismissed.

(Shekher Dhawan) Judge May 20, 2016 "DK"

DEEPAK KUMAR BHARDWAJ 2016.05.26 16:38 I attest to the accuracy and integrity of this document