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High Court of Punjab and HaryanaCR/8200/2015dismissed

Mohinder Singh And Another v. Sucha Singh And ORS

2015-12-04Mr. Justice Harbans Singh Rai2 pages

C.R. No.8200 of 2015 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.8200 of 2015 Date of Decision.04.12.2015 Mohinder Singh and another ........Petitioners Vs.

Sucha Singh and others .........Respondents

Present:

Mr. Mukesh Kumar Bhatnagar, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 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? -.- K. KANNAN J. (ORAL) 1.

The petitioner who complains of disobedience of decree for specific performance has not filed the purported act of disobedience namely the execution of the sale deed in the year 2010. Even the decree which is said to be in disobedience has not been filed and the Court has found that there is nothing to show that the property which is sold is the property which was actually the subject matter of suit. I do not think that there is any error in the dismissal. I confirm the same. 2.

The petitioner is at liberty to file a fresh application complaining of disobedience by filing the copy of the sale deed which is stated to have been made pending the suit and the Court will examine the afresh whether the property sold is also the prooperty for which a decree has been passed. The Court will also examine if there is a relief of injunction already granted that the sale deed has been made when the relief of injunction was in force. If such an application is filed PANKAJ KUMAR 2015.12.08 12:19 I attest to the accuracy and integrity of this document

C.R. No.8200 of 2015 -2afresh, the fact of dismissal of the earlier application and dismissal of the civil revision now will not come in the way. 3.

The civil revision is dismissed but with the above observations.

(K. KANNAN) JUDGE December 04, 2015 Pankaj* PANKAJ KUMAR 2015.12.08 12:19 I attest to the accuracy and integrity of this document