Revision petition challenging an order in execution proceedings directing sale of petitioners' property was disposed of without interference, as the petitioners had not first raised their claim before the executing court.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 1087 of 2009 (O&M)
Date of Decision: 20.3.2009
Sukhminder Singh @ Sukhwinder Singh and another
... .Petitioners
Versus
Ved Parkash and others
... Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. Sanjiv Gupta, Advocate for the petitioners.
RAJESH BINDAL J
The challenge in the present revision petition is to the order passed by the learned Court below in execution proceedings directing sale of property of petitioners in execution of a decree against Harnek Singh.
Learned counsel for the petitioners submitted that during the pendency of suit the property had exchanged hands twice and the petitioners are buyers of the property from earlier buyer of property from Harnek Singh and without notice to them part of the property which was purchased by them is sought to be sold. However, he did not deny the fact that for the relief being claimed in the present petition no application or petition has been filed before the Executing Court raising any ground as are sought to be raised in the present petition to save the property purchased by the petitioners from auction.
As the petitioners have not yet set up their claim before the learned Executing Court as is sought to be projected in the present petition, I do not find any reason to interfere in the present petition at this stage. The petitioners, if so advised may file application or put up their claim before the Executing Court first.
With these observations, the revision petition is disposed of.
(RAJESH BINDAL) 20.3.2009 JUDGE Reema
Sukhminder Singh and another
Ved Parkash and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
