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High Court of Punjab and HaryanaCR/1932/2019disposed of

Surjit Kaur v. Amarjit Singh Through Lrs And Another

2025-03-11Mr. Justice Deepak Gupta2 pages

CR-1932-2019 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CR-1932-2019 (O&M) Date of Decision : 11.03.2025 SURJIT KAUR

...Petitioners

Vs.

AMARJIT SINGH THROUGH LRS AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Ms. Jasmine, Advocate for Mr. Prateek Sodhi, Advocate for the petitioners.

Mr. Umesh Aggarwal, Advocate for respondent No.1.

**** DEEPAK GUPTA, J. (ORAL) During the execution proceedings titled as "Dalip Singh Vs. Amarjit Singh and others" arising out of the judgment and decree dated 02.02.2012 passed by the trial Court in RBT suit No.90/23 of 2000/2005 and judgment and decree dated 21.10.2013 filed before the Appellate Court, the petitioner-Surjit Kaur had filed third party objections under Order 21 Rule 97 and 98 read with Section 151 CPC, copy of which is Annexure P-1. Apart from the petitioner, two others, namely, Manjinder Pal Singh and Jatinder Pal Singh had also filed the objections, copy of which is Annexure P-4. Though the Executing Court dealt with the objections filed by Manjinder Pal Singh and Jatinder Pal Singh, dismissing the same vide order dated 27.08.2015 (Annexure P-3), but the objections filed by the petitioner-Surjit Kaur were left undecided. The Execution was dismissed as fully satisfied vide order dated 31.07.2018 (Annexure P-7). NISHA 2025.03.12 15:16 I attest to the accuracy and integrity of this document

CR-1932-2019 -2- 2.

The only grievance put forth by the petitioner before this Court is that her objections have not been considered by the Executive Court, before dismissing the execution as satisfied.

3.

Learned counsel for respondent No.1/decree holder could not refute the contention to the effect that objections of the petitioner-Surjit Kaur were not considered.

4.

In the aforesaid circumstances, the present petition is hereby disposed of by directing the concerned Executing Court to revive the execution petition and dispose of the objections as filed by the petitioner in accordance with law, preferably within a period of next three months. 5.

All pending miscellaneous application(s), if any, also stands disposed of.

( DEEPAK GUPTA ) JUDGE March 11, 2025 Nisha Yadav Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NISHA 2025.03.12 15:16 I attest to the accuracy and integrity of this document