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High Court of Punjab and HaryanaESA/224/2018dismissed

Yadvinder Singh & ANR v. Bal Krishan And ORS.

2023-08-09Mr. Justice Anil Kshetarpal2 pages

2023:PHHC:103006 In the High Court of Punjab and Haryana, at Chandigarh Execution Second Appeal No. 224 of 2018 (O&M) Date of Decision: 09.08.2023 Yadvinder Singh and Another ... Appellant(s)

Versus

Bal Krishan and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. P.K.Ganga, Advocate for the appellant(s).

Mr. Brijender Kaushik, Advocate for the respondent No.1.

Ms. Ruchi Sekhri, Advocate for the respondent No.2.

Anil Kshetarpal, J.

1.

The objections filed by the appellants, namely, Yadvinder Singh and Jaswinder Singh, were dismissed by the Executing Court, which were later on affirmed by the First Appellate Court. It is not in dispute that while granting a decree of specific performance of agreement to sell, the Court set aside the sale deed executed in favour of Yadvinder Singh and Jaswinder Singh. The aforesaid judgment of the Civil Judge has been upheld by the Appellate Courts including the Supreme Court. 2.

The learned counsel representing the appellants contends that the third party objections are required to be decided like a civil suit. 3.

This Court has considered the submissions. The appellants herein claim right on the basis of a sale deed in their favour which has DEEPAK KUMAR BHARDWAJ 2023.08.11 11:08 I attest to the accuracy and integrity of this document

2023:PHHC:103006 Execution Second Appeal No. 224 of 2018 (O&M) already been set aside by the Court. Hence, they are not left with any right or title with the property.

4.

Keeping in view the aforesaid facts, no ground is made out to interfere. Hence, the present appeal is dismissed. 5.

The miscellaneous application(s) pending, if any, shall stand disposed of.

(Anil Kshetarpal) Judge August 09, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.08.11 11:08 I attest to the accuracy and integrity of this document