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High Court of Punjab and HaryanaCR/2220/2021disposed of

Gajraj And ORS v. Megh Raj

2021-12-15Mr. Justice Mahabir Singh Sindhu2 pages

CR-2220-2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-2220-2021 (O&M) Date of Decision : 15.12.2021 Gajraj and others ...... Petitioners

Versus

Megh Raj ...... Respondent CORAM : HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU *** Present :

Mr. Aditya Jain, Advocate for the petitioners.

Mr. Manoj Kumar Sood, Advocate for the respondent.

*** MAHABIR SINGH SINDHU, J.

The present petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 17.08.2021, passed by the learned Civil Judge (Junior Division), Faridabad in an execution case No.57/2021 dated 09.03.2021 titled as "Megh Raj vs. Gajraj etc.".

This Court, while issuing notice of motion on 08.10.2021, passed the following order:- "Inter-alia contends that objections filed by petitioners/judgment debtors are pending for consideration before the learned Executing Court on 11.11.2021.

Notice of motion for 09.11.2021.

Notice re: interim relief also.

MAMTA MALHOTRA 2021.12.22 11:55 I attest to the accuracy of this order Chandigarh

CR-2220-2021 (O&M) Process Dasti as well.

Till the next date of hearing, status-quo regarding the possession of property in question be maintained." Today, learned counsel for the respondent, on instructions, submits that he has no objection in case the order impugned is set aside. He has also submitted that possession of the petitioners shall not be disturbed till the objections are decided.

On the other hand, learned counsel for the petitioners accepts the above proposal.

In view of the agreed stand taken by both sides, impugned order dated 17.08.2021 is set aside.

It is ordered that learned Executing Court shall consider and decide the objections of the petitioners as per law and till the objections are decided, they be not dispossessed. Learned Executing Court is requested to proceed in the matter without granting any unwarranted adjournment to the parties.

Disposed off accordingly.

15.12.2021 (MAHABIR SINGH SINDHU) mamta JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No MAMTA MALHOTRA 2021.12.22 11:55 I attest to the accuracy of this order Chandigarh