Mahender Singh v. Anup Singh And ORS

Manoj Kumar 2018.05.18 11:39 I attest to the accuracy and integrity of this document

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R.No.8129 of 2017 Mahender Singh ....Petitioner

Versus

Anup Singh and Ors.

....Respondents Date of Order: 16.5.2018

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Dr. Naresh Kaushik, Advocate for the petitioner. Mr. D.S. Bali, Sr. Advocate with Ms. Anshika Sharma, Advocate.

Mr. R.K. Dhiman, Advocate for respondent No.2. AMIT RAWAL, J (ORAL) Learned counsel for the respondents submits that they have no objection in case a fresh Local Commissioner i.e Revenue Officer is appointed to measure the property for satisfaction of the decree dated 15.1.2016 sought to be executed by the plaintiffs. In view of said statement, present petition is allowed. The impugned orders based on the report of the bailiff are set aside. The Halqa Girdawar is appointed as Local Commissioner, who shall again inspect the premises with the instruments, if practically possible and find whether the property sought to be taken into possession in pursuance to the execution proceedings is free from encumbrances or encroachment. The trial Court is directed to expedite the execution application in the letter and spirit of the order.

May 16, 2018 `(AMIT RAWAL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No