High Court of Punjab and HaryanaCRM-M/37883/2015dismissed

Amarnath And ORS v. State Of Punjab & ORS

2015-12-18Mrs. Justice Rekha Mittal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH C.R.M-M No. 37883-2015 Date of decision : 18.12.2015 Amarnath and others ...... Petitioners

Versus

State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI *** Present :

Mr. D.S.Gurna, Advocate for the petitioners.

Mr. Ashish Sanghi, DAG, Punjab.

Mr. Tejinderpal Singh, Advocate for respondent No.4.

***

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (Oral) This petition has been filed against the order dated 16.10.2015 (Annexure P-3) whereby land has been attached and receiver has been appointed.

The respondent No.4 is the wife of the pre-deceased son of the petitioner No.1. There was 15 kanal of land stood in the name of the husband of the respondent No.4. On his death it was mutated 3 ways, two parts going to the wife and son and one part going to the POOJA SHARMA 2015.12.21 13:38 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

mother. Since the petitioners were not handing over possession, respondent No.4 filed an application under Section 145 Cr.P.C. for attaching the land in dispute.

Learned counsel for the petitioners states that the petitioners would have no objection in handing over the possession of the share of respondent No.4. Respondent No.4 states that if they want to settle this dispute apart from the share of the land she must be allowed to stay in the share of her husband in the house and they should also pay for the 7 years that they have utilized the land. This is not acceptable to the petitioners. In the totality of the circumstances I feel that the petitioners are trying to squeeze respondent No.4 into making some kind of settlement.

Petition is dismissed.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. ( AJAY TEWARI ) 18.12.2015 JUDGE Pooja sharma-I POOJA SHARMA 2015.12.21 13:38 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh