Maninder Kaur v. Shaimbar Singh
C.R. No.5545 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5545 of 2016 Date of Decision.29.08.2016 Maninder Kaur .......Petitioner Vs.
Shaimber Singh ........Respondent
Present:
Mr. Rajan Singh Dadwal, Advocate for the petitioner.
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL 1.
Whether Reporters of local papers may be allowed to see the judgment ?
2.
To be referred to the Reporters or not ?
3.
Whether the judgment should be reported in the Digest? -.- AMIT RAWAL J. (ORAL) The petitioner-judgment debtor/defendant No.2 is aggrieved of the dismissal of the objections seeking execution of the judgment and decree dated 23.04.2013 whereby suit for possession by way of specific performance of agreement to sell dated 01.01.2001 has been decreed. Mr. R.S. Dadwal, learned counsel appearing for the petitionerjudgment debtor/defendant No.2 submits that it is joint khata and therefore, without partition, the judgment and decree cannot be executed. I have heard learned counsel for the petitioner and appraised the paper book. Once the aforementioned judgment and decree has attained finality as the second appeal filed against the aforementioned judgment and decree has also dismissed vide judgment dated 31.07.
2013, the plaintiff at best could become co-sharer and shall be entitled to seek consequential orders, if required so, but the decree cannot be thwarted in the mode and manner as indicated above. In my view, such objections were taken just to PANKAJ KUMAR 2016.09.
C.R. No.5545 of 2016 -2delay the execution of the judgment and decree. Such kind of attempt on behalf of the litigants should be nipped in the bud and come down with heavy hands.
For the foregoing reasons, I do not find any illegality and perversity in the order passed by the Court below, much less, cannot be said to be passed without jurisdiction. The revision petition is dismissed. (AMIT RAWAL) JUDGE August 29, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2016.09.01 11:08 I attest to the accuracy and integrity of this document