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High Court of Punjab and HaryanaRSA/2261/2017dismissed

Narinder Singh & ORS v. Sapinder Kaur & ORS

2017-04-27Mrs. Justice Anita Chaudhry2 pages

RSA No. 2261 of 2017 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Regular Second Appeal No. 2261 of 2017 (O&M) Date of Decision: 27.4.2017 Narinder Singh @ Baljinder Singh and others .....Appellants

Versus

Sapinder Kaur and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Mayank Mathur, Advocate for the appellants.

**** ANITA CHAUDHRY, J CM-5503-C-2017 Application is allowed and delay of 10 days in filing the appeal is condoned.

RSA-2261-2017 (O&M) Mr. C.S.Bagri, Advocate puts in appearance on behalf of respondents No. 1 to 3 . and has filed the power of attorney and states that he had filed a caveat. The matter was taken up again and Registry has informed that there were certain objections which have not been removed and therefore the caveat was not listed.

Counsel for the appellants at the outset urges that they are not disputing the case on merits and they were only asking for sometime to deposit the amount.

Counsel for respondents No. 1 to 3 urges that their family member had been murdered which led to conviction of the appellants and a suit for damages was filed and the trial Court had awarded a sum of Rs. 22 lacs in 2014 but the Appellate Court had reduced that amount and there was Gurpreet Singh Bhatia 2017.05.04 11:58 I attest to the accuracy and authenticity of this document Chandigarh

RSA No. 2261 of 2017 (O&M) -2no stay even when the appeal was pending and the land had been attached and had been fixed for auction.

The appellants are not disputing the findings on merits. An offer was made by the appellants that they would deposit some amount and need some more time to pay the remaining amount. The appellants should have approached the Executing Court or the respondents in this regard. As the appellants are not challenging the judgment on merits the appeal is dismissed in limine.

(ANITA CHAUDHRY) JUDGE April 27, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.05.04 11:58 I attest to the accuracy and authenticity of this document Chandigarh