Gurnam Singh And Another v. Gurdial Chand (Deceased) Through Lrs. And Others

RA-RS No.110 of 2019 (O&M) in -1RSA No.2023 of 1987

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH RA-RS No.110 of 2019 (O&M) in RSA No.2023 of 1987 Date of Decision.05.09.2019 Gurnam Singh and another

...Petitioners

Vs Gurdial Chand (since deceased) through LRs and others

...Respondents

Present:

Mr. Surinder Mohan Sharma, Advocate, for the applicants-appellants.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) C.M. No.11180-C of 2019 For reasons stated in the application, delay of 153 days in filing of review application is condoned.

Application is allowed.

RA-RS No.110 of 2019 The applicants-appellants have invoked jurisdiction of this Court under Order 47 Rule 1 CPC for review of the order dated 31.01.2019 by submitting that finding of this Court with regard to decree of redemption has become un-executable is not affecting rights of appellants as they have purchased the property and as well as finding giving right to claim partition but predicament is writ large as one of the co-owners having 1/4th share had already mortgaged property with the bank and on account of non-payment of loan amount, bank has already obtained a decree for recovery. Applicants-appellants are willing to buy the share. In my view, this cannot be a ground for review as there is no error apparent on the face of record but applicants would be at liberty to PANKAJ KUMAR 2019.09.09 14:39 I attest to the accuracy and integrity of this document

RA-RS No.110 of 2019 (O&M) in -1RSA No.2023 of 1987 approach the Bank for settlement of dues in terms of decree in any mode, which they choose to.

Application stands disposed of.

(AMIT RAWAL) JUDGE September 05, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2019.09.09 14:39 I attest to the accuracy and integrity of this document