Ashok Kumar And ANR. v. M/S Sandhya Finance Limited

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Revision No.7846 of 2017 (O&M) Date of decision: May 6th, 2026 Ashok Kumar and another .....Petitioners

Versus

M/s Sandhya Finance Limited .....Respondent

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Virender Kumar, Advocate for the applicants-petitioners.

VIKAS BAHL, J. (ORAL) CM No.9081-CII of 2026 This is an application filed under Section 151 CPC for revival of the main case.

Learned counsel for the applicants-petitioners has submitted that the matter has been compromised and the decree holder has withdrawn the execution on 30.04.2026. It is submitted that in the said circumstances, the main case be revived.

In view of the above, the present application is allowed and order dated 10.02.2026 is recalled and the main case is restored to its original number and is taken on Board for hearing today itself. CR No.7846 of 2017 1.

This is a civil revision petition under Article 227 of the Constitution of India for issuance of necessary directions to the Executing Court and for quashing the order dated 18.08.2017 vide which the

attachment of residential house of the petitioners had been ordered. 2.

On 16.12.2017, a coordinate Bench of this Court was pleased to pass the following order:

"Present:- Mr. Vikas Bishnoi, Advocate for the petitioners.

Today, learned counsel has produced a draft of Rs. 5 lacs in Court. However, dasti notice has not been served on the respondents. Learned counsel states that the notice could not be served on account of death of younger brother of the petitioner on 12.12.2017. Registry to issue fresh dasti notice for 21.12.2017.

Liberty is granted to effect service on the respondents through the counsel representing them before the learned Executing Court.

Learned counsel further states that as on date the petitioners are in possession of the house in question and that the warrant of attachment has not been executed. The draft of Rs. 5 lacs be deposited with the Registrar of this Court.

In case the warrant of attachment has not been executed, execution of the same shall remain stayed till the next date before this Court.

December 16, 2017"

3.

Learned counsel for the petitioners has submitted that in pursuance of the same, the draft of ₹5 lakh was deposited with the Registrar of this Court by the petitioner. It is further submitted that vide order dated

30.04.2026, the matter has been compromised and the entire amount has been paid to the decree holder and the decree holder has withdrawn the execution. The order dated 30.04.2026 passed by Additional Civil Judge (Senior Division), Hisar, which is handed over to the Court during the course of arguments, is reproduced hereinbelow: "Present:

Sh. P.K. Sharma Advocate for the DH.

Sh. V.K. Sharma, Advocate for Jds.

Joint statement of parties regarding compromise has been recorded. JD Ashok Kumar appeared and suffered a statement that he has paid the amount of Rs.16,00,000/- as full and final payment through RTGS to the decree holder. However, Rajender Kumar, Director and Authorized Person M/s Sandhya Finance Ltd. Branch Office, Hisar suf-fered a statement that the matter has been compromised with the JD and the JD has deposited the amount as per compromise with the DH and as such he withdraws the present execution being dully satisfied. His state-ment recorded separately. Heard. In view of the statement made by coun-sel for DH, present execution petition is hereby dismissed as withdrawn being fully satisfied. File be consigned to record room, after due compliance. Date of Order: 30.04.2026 (Rajeev) Additional Civil Judge (Senior Division), Hisar UID No. HR00351"

4.

Learned counsel for the petitioners has submitted that in view of the same, the petitioners be permitted to withdraw the present petition but has further submitted that the amount of ₹5 lakh which had been deposited by the petitioners with the Registrar in pursuance of order dated 16.12.2017 be ordered to be returned to the petitioners.

5.

Keeping in view the facts and circumstances, the petitioners are permitted to withdraw the present revision petition. In case the draft of ₹5 lakh was deposited by the petitioners in pursuance of order dated 16.12.2017 before the Registrar of this Court, then, the Registry is directed to return the said draft to the petitioners or their duly authorized representative. 6.

Pending applications, if any, stand disposed of. May 6th, 2026 (VIKAS BAHL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No