Varun Josan v. Kartar Singh And Others

116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3043-2021 Date of Decision: 30.11.2021 VARUN JOSAN

...Petitioner

Versus

KARTAR SINGH AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Karan Nehra, Advocate for the petitioner.

(Presence marked through Video Conference) ARUN MONGA, J. (ORAL) Revision petition herein is for setting aside the impugned orders dated 19.03.2021 and 02.07.2021 (Annexures P-1 and P-2) passed by learned Civil Judge (Junior Division), Fazilka, whereby, the Execution Proceedings EXE No.67 of 2019 have been kept pending rather than disposing of the same even though it has become infructuous as the judgment and decree dated 17.01.2019 (Annexure P-6) passed in Civil Suit No.PBFZC1-001107-2018 has been set aside by the learned Appellate Court vide judgment dated 09.03.2021 (Annexure P-11). 2.

I have heard learned counsel for the petitioner. 3.

Given the nature of order being passed, there is no necessity to issue notice as no further proceedings and/or pleadings are required. 4.

The present petition is disposed of with a direction to the Executing Court to dispose of the application filed by the petitioner, whereby he claims that the proceedings have become infructuous. Without commenting on the assertion that the proceedings have become infructuous, MAHAVIR SINGH 2021.12.13 15:39 I attest to the accuracy and integrity of this document

the Executing Court shall be at liberty to take a call on the same and pass appropriate orders in accordance with law as expeditiously as possible. (ARUN MONGA) JUDGE 30.11.2021 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2021.12.13 15:39 I attest to the accuracy and integrity of this document