Jaswant Singh v. Boota Singh And Others

2023:PHHC:121972 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 1143 of 2019 Date of Decision: 15.09.2023 Jaswant Singh ... Petitioner(s)

Versus

Boota Singh alias Gurpreet Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Vivek K. Thakur, Advocate for the petitioner(s).

Mr. Vikram Anand and Mr. Harmeet Singh, Advocates for the respondent No.1.

Anil Kshetarpal, J.

1.

Through this revision petition, the petitioner assails the correctness of the order passed by the Executing Court while setting aside the ex parte order dated 10.08.2016 which was passed during the execution petition.

2.

The learned counsel representing the petitioner contends that the petitioner is aggrieved of the last line of the impugned order dated 05.12.2018, which reads as under:- "Let, warrants of possession be issued for 4.1.2019." 3.

The learned counsel submits that prayer in the suit was only for the grant of decree of joint possession of the land, therefore, no decree for actual delivery of possession could be issued. 4.

This Court has considered the submissions. In fact, from the reading of the impugned order dated 05.12.2018, it is evident that the last DEEPAK KUMAR BHARDWAJ 2023.09.20 10:10 I attest to the accuracy and integrity of this document

2023:PHHC:121972 Civil Revision No. 1143 of 2019 line, as extracted above, is not connected with the substance of the main order. The Court on 05.12.2018 has considered the petitioner's request for setting aside the ex parte order, but dismissed the same. 5.

Keeping in view the aforesaid facts, the present revision petition is disposed of with the liberty to the petitioner to file an application before the Executing Court in this regard, which shall be decided within a period of one month from the date of receipt of a certified copy of this order. (Anil Kshetarpal) Judge September 15, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.09.20 10:10 I attest to the accuracy and integrity of this document