Harjinder Singh And ANR v. Gurbachan Singh And ORS

Civil Revision No. 9028 of 2017 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 9028 of 2017 (O&M) Date of Decision: 21.12.2017 Harjinder Singh and another ......Petitioners

Versus

Gurbachan Singh and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Surinder Garg, Advocate for the petitioners.

**** ANITA CHAUDHRY, J CM-27741-CII-2017 This is an application to implead the legal representatives of deceased Kaur Singh-respondent No. 7.

The application is allowed subject to all just exceptions. The legal representatives of deceased Kaur Singh-respondent No. 7 are brought on record for the purposes of this petition. CR-9028-2017 The petitioners are aggrieved by the dismissal of their application wherein they were seeking stay of the execution proceedings. I have heard the counsel for the petitioner at length. A suit for partition had been filed by Gurbachan Singh and others against Kaur Singh. A preliminary decree was passed and subsequently a final decree was passed. The plaintiffs/decree holders filed an execution petition. The sons of Kaur Singh during the lifetime of Kaur Gurpreet Singh Bhatia 2017.12.21 15:07 I attest to the accuracy and authenticity of this document Chandigarh Singh filed a suit against Gurbachan Singh and others challenging the

Civil Revision No. 9028 of 2017 (O&M) -2preliminary decree and the final decree and were seeking stay of warrants of possession issued in the execution petition. The trial Court had dismissed that application.

Aggrieved by the dismissal of the said application, this petition has been filed.

The contesting respondents are pursuing their execution petition as there is a decree in their favour. The decree had been passed against Kaur Singh, father of the petitioners. It appears that no appeal/second appeal was filed by Kaur Singh. The Executing Court could not have stayed its hands as there was a decree in favour of the decree holders. The decree till date stands and has not been set aside. It will have to be seen whether the legal heirs of Kaur Singh could subsequently challenge the decree passed against their father which has attained finality. I find no infirmity in the order.

The petition is dismissed in limine.

(ANITA CHAUDHRY) JUDGE December 21, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.12.21 15:07 I attest to the accuracy and authenticity of this document Chandigarh