Raj Bala Dehal Through Her Lrs v. Jaspal Singh And Others

2023:PHHC:074383 CR-3213-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3213-2023 Date of Decision: 22.05.2023 Late Smt. Raj Bala Dehal (through her legal representatives) ...... Petitioners

Versus

Jaspal Singh and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Akshay Chadha, Advocate, for the petitioners.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dated 12.04.2023 passed by the Civil Judge (Junior Division), Ludhiana, whereby the objections filed by the petitioners has been dismissed and the petitioners have been directed to execute the sale deed in respect of the demised premises in favour of the respondent/decree holder.

Undisputedly, the decree under execution was passed way back in the year 2012. The present petitioners, who happened to be the legal representatives of the judgment debtor, claim to have file objections against the execution of the decree. Although, there is no provision for filing objections by the judgment debtor, however, the petitioners claim that the judgment debtor herself was proceeded against ex parte in the main suit and that the application for setting aside the ex parte judgment and decree was VIRENDRA SINGH ADHIKARI 2023.05.25 10:32 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:074383 CR-3213-2023 -2filed by the judgment debtor, therefore, the execution should not have been proceeded further till decision of that application. However, the record shows that even the said application was dismissed in default. Therefore, there was absolutely no ground for the Executing Court to stop the execution of a 12 years old decree. The Executing Court has rightly passed the impugned order dated 12.04.2023.

Accordingly, finding no illegality or perversity in the impugned order dated 12.04.2023 passed by the Executing Court, the present revision petition is dismissed.

(RAJBIR SEHRAWAT) JUDGE 22.05.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.05.25 10:32 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh