Sadhu Singh v. Udasi Dharmshala

TA-907-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.103 TA-907-2024 Date of Decision: 01.08.2024 SADHU SINGH ....Applicant

Versus

UDASI DHARMSHALA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. S.K. Kanojia, Advocate for the applicant.

***** ARCHANA PURI, J. (Oral) The present application has been filed by the applicant, thereby seeking transfer of Execution Petition No.40/2013, lateron No.33 of 2014 (Annexure P-5), titled 'Udasi Dharamshala Vs. Sadhu Singh' filed at the instance of the respondent under Section 47 CPC, pending in the Court Ms. Prabhjot Kaur, Additional Civil Judge (Senior Dvision), Hoshiarpur, to any other Court, outside the jurisdiction of District Courts, Hoshiarpur. It is submitted by learned counsel that the execution is pending since long time and the same is not being decided by learned Executing Court. It is further submitted that the respondent has filed the execution before learned Executing Court, while concealing the material facts and the Court concerned is not proceeding further with the execution. Rather, in paragraph No.

10 of the application, there is a mention made about learned Executing Court to be biased towards the applicant. However, nothing, as such, is evident about the bias to be there at the behest of learned Executing Court. In any case, the applicant, if has any Sonu 2024.08.

TA-907-2024 grievance with regard to the matter not proceeding further, as it is an old one, he has an option to file an application before learned Executing Court to take up the matter. Thereupon, learned Executing Court shall look into the matter and proceed further, expeditiously, in accordance with law. In view of the aforesaid terms, the instant application is hereby disposed of.

(ARCHANA PURI) 01.08.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.08.02 10:02 I attest to the accuracy and authenticity of this document P&HHC