Shyam Sunder v. Vijender Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2723 of 2021(O&M) Date of decision:11.11.2021 Shyam Sunder ..Petitioner

Versus

Vijender Kumar ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Saurabh Dalal, Advocate, for the petitioner.

ANIL KSHETARPAL, J (Oral) An application filed by the petitioner before the learned District & Sessions Judge, Jhajjar, seeking transfer of the execution proceedings from one Presiding Judge to the other has been dismissed. It is not in dispute that there is a decree for recovery of Rs.10,42,368/- against the petitioner, thus, he is a judgment debtor.

The Executing Court in order to give effect to the money decree, has attached some part of the petitioner's salary, who is a government employee.

The learned counsel representing the petitioner contends that the Executing Court changed the date of hearing by over-writing on the order sheet.

NARESH KUMAR 2021.11.12 13:20 I attest to the accuracy and integrity of this document

CR-2723 of 2021(O&M) -2The learned District & Sessions Judge has already considered this aspect of the matter. The order passed by the Executing Court attaching the petitioner's salary is not being challenged. It is also not disputed that the decree passed by the Court has not been honoured by the petitioner. Keeping in view the aforesaid facts, no ground to interfere in the impugned order, is made out.

Dismissed.

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

November 11, 2021 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2021.11.12 13:20 I attest to the accuracy and integrity of this document