Randhir Singh Since Deceased Through His Lrs v. Chatter Singh Since Deceased Through His Lrs And ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision : 30.08.2024 RANDHIR SINGH (SINCE DECEASED) THR LRS .... Petitioners
VERSUS
CHATTER SINGH (SINCE DECEASED) THR LRS AND ORS.
.... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. Rajesh Bansal, Advocate for the petitioners. Mr. Ojas Bansal, Advocate for Mr. Sanjiv Kumar Aggarwal, Advocate for the respondents. ALKA SARIN, J. (ORAL) 1.
The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the orders dated 06.10.2022 and 13.10.2022 passed by the learned Additional Civil Judge (Senior Division), Safidon, District Jind in an execution petition being EXE/113/2018 instituted on 26.10.2018.
2.
On 20.08.2024 the following order was passed : 'Learned counsel for the petitioners would contend that even in the petition it has been stated that the petitioners would have no objection if the land measuring 8 kanals 18 marlas comprised in Khewat No.1 Khata No.1 situated in the revenue estate of Village Anta, Teshil Safidon, District Jind
-2is put to auction and the judgment and decree dated 27.03.207 be satisfied. The learned counsel would further contend that all objections would be withdrawn and no further objections would be filed.
Let all the petitioners/legal representatives remain present in Court on the next date of hearing for recording of their statements.
List on 30.08.2024.
To be shown in the urgent list'.
3.
Pursuant to the aforesaid order, Jagdeep Singh - petitioner No.1(i), Shamsher Singh Deshwal - petitioner No.1(ii) and Vineet Deswal son of Pardeep (since deceased) - petitioner No.1(iii) are present in Court. 4.
Learned counsel for the petitioners has pointed out that the land measuring 8 Kanals 18 Marlas comprised in Khewat No.1, Khata No.1 situated in the revenue estate of Village Anta, Tehsil Safidon, District Jind is jointly owned by Jagdeep Singh, Shamsher Singh and Pardeep Singh. Pradeep Singh has since expired leaving behind a registered Will dated 11.11.2022 in favour of his son, namely, Vineet Deswal. Learned counsel would further contend that all the three persons i.e. Jagdeep Singh, Shamsher Singh Deshwal and legal representative of Pardeep, namely, Vineet Deswal are present in Court and their statement may be recorded to the effect that they would have no objection if the aforesaid land is put to auction and the judgment and decree dated 27.03.2017 is satisfied. It is
-3further reiterated that all the objections would be withdrawn and no further objections would be filed. In view thereof, joint statement of all the three persons named above has been recorded separately today in Court which has duly been signed by them.
5.
Learned counsel for the respondents' states that he would have no objection as long as the judgment and decree dated 27.03.2017 is duly satisfied.
6.
In view of the above, the present revision petition is disposed off with a direction that the land measuring 8 Kanals 18 Marlas comprised in Khewat No.1, Khata No.1 situated in the revenue estate of Village Anta, Tehsil Safidon, District Jind be put to auction and execution of the judgment and decree dated 27.03.2017 be satisfied from the proceeds thereof as has been stated by Jagdeep Singh, Shamsher Singh Deshwal and legal representative of Pardeep, namely, Vineet Deswal, who shall remain bound by their statement. Pending applications, if any, also stand disposed off. 30.08.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: Yes/No