The High Court disposed of an execution petition challenging the dismissal for non-deposit of manady fee. The Court fixed a date for depositing the fee and directed the executing court to proceed thereafter.
Date fixed for manady fee deposit; execution to proceed upon payment.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 8263 of 2010
Date of Decision: 20.12.2010
Harbans
.... Petitioner
Versus
Sadhu Ram and others
... Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present : Ms. Kuldeep Kaur Ghuman, Advocate for the petitioner
ALOK SINGH, J. (ORAL)
Present petition is filed challenging the order dated 20.11.2010 passed by Civil Judge (Sr. Divn.) Dera Bassi whereby execution was directed to be dismissed qua JDs No. 1 and 4 for not depositing the munadi fee qua JDs No. 1 and 4.
Learned counsel for the petitioner states that on or before the date fixed by this Court or by the learned Executing Court, munadi fee shall be deposited with the learned Executing Court and no further adjournment shall be sought.
In the opinion of this Court, present matter can be disposed of at the admission stage without any notice to the respondents, since, execution was at initial stage.
In the peculiar facts and circumstances of the case, keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire evidence and material, this Court direct that
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C.R. No. 8263 of 2010
learned trial Court shall fix a date for the purpose of depositing munadi fee qua JDs No. 1 and 4. On the date so fixed, petitioner shall deposit munadi fee qua JDs No. 1 and 4. On deposit of munadi fee, learned Executing Court shall proceed with the execution in accordance with law.
Petition shall stand disposed of accordingly.
(ALOK SINGH) JUDGE
20.12.2010 reena
1 issue framed by the court
Whether the execution petition challenging dismissal for non-deposit of manady fee was disposed of at admission stage without notice.
Harbans
Sadhu Ram
Alok Singh
As recorded by the court registry
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