Sandeep v. Munawwar Jamal And Another

CR-4736-2025 (O&M)
Sr. No.132

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4736-2025 (O&M) Date of decision: 28th July 2025 SANDEEP ........Petitioner versus MUNAWWAR JAMAL AND ANOTHER .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Ms. Ravisha Singh, Advocate for Mr. Briz Mohan, Advocate for the petitioner.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant Civil Revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.07.2025 (Annexure P-1), passed in Execution No.297 of 2020, by the learned Civil Judge (Junior Division), Karnal.

2.

Learned counsel for the petitioner contends that by passing the impugned order dated 16.07.2025 (Annexure P-1), the Executing Court had directed the decree-holder to pay the balance sale consideration of Rs.1,50,000/-, as per the judgment and decree dated 08.12.2018, whereby, the suit for possession was decreed in favour of the decree-holder/Anil Kumar.

2.1 It is further contended that Munawar Jamal/judgment-debtor has cheated the petitioner and executed the Agreement dated 27.09.2023 (Annexure P-3) in favour of the petitioner and received a sum of Rs.3,00,000/- and subsequently, she received a sum of Rs.2,50,000/- by way of executing the Receipt dated 15.11.2023. In this regard, the petitioner got SIMRANDEEP KAUR 2025.07.31 09:52 I attest to the accuracy and integrity of this document

CR-4736-2025 (O&M)  registered FIR No.135 dated 31.05.2024, under Sections 420, 506 IPC (Annexure P-4) against the judgment-debtor at Police Station Nathu Sari Chopta, District Sirsa, as a result of which, the judgment-debtor was arrested. The petitioner has also filed a suit for recovery of the amount, which has been illegally received by the judgment-debtor. 3.

After arguing for some time, learned counsel for the petitioner wishes to withdraw the present petition submitting that the petitioner would file an application for creating a charge on the properties/the money, which is to be paid by the decree-holder in terms of the order dated 16.07.2025. However, the petitioner may be granted protection for a period of 10 days, so that the said amount may not be released to the judgment-debtor by the Executing Court.

4.

In view of the limited prayer made by learned counsel for the petitioner, the present petition is dismissed as withdrawn. In case any amount is deposited by respondent No.2-Anil Kumar/decree-holder, the Executing Court shall withhold the said amount till 07.08.2025. Thereafter, the Executing Court shall be at liberty to proceed in the matter as per law, uninfluenced by this order.

5.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 28th July 2025 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2025.07.31 09:52 I attest to the accuracy and integrity of this document