Allowed a civil revision petition to set aside an order of the Executing Court which had declined the petitioner's application to remove attachment entries from the revenue record, ordering the execution of the attachment vacated.
The impugned order set aside; attachment entries vacated from the revenue record.
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
Civil Revision No. 2623 of 2010(O&M) Date of Decision: January 24, 2011.
Baldeva
...... PETITIONER(s)
Versus
Hindu Khandan Mushtarkha Devat Ram Banarsi Lal.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Petitioner in person with Mr. Rakesh Gupta, Advocate
Respondent in person with Mr. Jatinder J.C.Nagpal, Advocate.
RAM CHAND GUPTA, J.(Oral)
The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 11.11.2009, passed by learned Civil Judge (Senior Division), Kaithal, Annexure P1 vide which the application of petitioner for ordering for removing of the entries of attachment from revenue record was declined.
I have heard learned counsel for the parties and have gone through the whole record.
2
CR No.2623 of 2010
It has been contended by learned counsel for the respondent that parties have settled the dispute and the decree passed in favour of respondent has already been satisfied and that hence, respondent has no objection if the present revision petition is accepted and the impugned order passed by learned Executing Court is set aside and the entries of attachment effected by rapat No.149 dated 22.07.1991 is ordered to be removed.
Hence, in view of these facts, the present revision petition is accepted and the impugned order, Annexure P1 passed by learned Executing Court is set aside. The aforementioned order of attachment of land of the petitioner/Judgment Debtor is, hereby, ordered to be vacated.
The present revision petition is disposed of accordingly.
January 24, 2011. 'om'
( RAM CHAND GUPTA ) JUDGE
1 issue framed by the court
Whether the impugned order declining removal of attachment entries in the revenue record should be set aside.
1 provisions across 1 enactments
Baldeva
Hindu Khandan Mushtarkha Devat Ram Banarsi Lal
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
