Joint Single Judge held RFA 430/2016 not maintainable as appellants failed to exhaust remedies by filing appeals against the dismissal of their separate execution objections. Appeal dismissed with liberty to file regular appeals.
RFA dismissed; liberty granted to seek legal recourse against execution orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NISHA JINDAL & ANR ..... Appellants Through: Mr. Pawan Sharma, Advocate with Mr. Abhishek Sharma, Advocate
versus
RAM PRAG KOIREE & ANR ..... Respondents Through: Mr. Amarjit Singh, Advocate for R-1.
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R % 03.03.2017
RFA 430/2016 Page 1 of 2
execution proceedings filed by the respondent No.1/plaintiff for seeking execution of the impugned judgment and decree. He concedes that in the Execution Petition No.43/2015 filed by the respondent No.1/plaintiff, both the appellants had filed their separate objections, which were dismissed vide two separate orders, one dated 21.12.2015 and the other dated 15.01.2016 (Annexure A-11 and A-12 respectively).
HIMA KOHLI, J
MARCH 03, 2017
rkb
RFA 430/2016 Page 2 of 2
2 issues framed by the court
Whether this RFA is maintainable when the appellants failed to appeal against the dismissal of their execution objections.
Whether the appellants can challenge the impugned judgment directly without exhausting remedies in the execution proceedings.
Nisha Jindal & Anr
Ram Prag Koiree & Anr
Hima Kohli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
