Revision filed by judgment debtor brother against executing court order directing deposition of 1/5th share of rental income and Theka. Petitioner, on agreed stand, withdrew revision.
Revision dismissed as withdrawn with liberty to comply with directions by 28.02.2014.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 5658 of 2011 Date of decision 27.08.2013.
Balwinder Singh Grewal
...... Petitioner.
Versus
Surinder Chaudhary and another ..... Respondents.
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present : Mr.Balwinder Singh Grewal, Advocate for the petitioner.
Smt.Surinder Chaudhary-respondent No.1 in person.
Jaswant Singh, J(Oral).
The dispute is between the brother and sister in respect of their respective shares in the property left behind their father. The suit filed by contesting respondent No.1/Smt. Surinder Chaudhary for declaration and rendition of account was decreed by the First Appellate Court vide judgments and decree of reversal dated 13.02.2007, while setting aside the decree of dismissal dated 10.05.2005 passed by the learned Civil Judge (Jr. Divn.), Chandigarh and it was thereby held that the plaintiffs/decree holder was entitled to 1/5th share in the suit property and further granting permission for rendering of accounts of income from House No.21, Sector 3, Chandigarh and agricultural land in question.
The present revision has been filed by the Judgment Debtor/brother challenging the order dated 06.06.2011 whereby the learned Executing Court in the light of the decree dated 13.02.2007
Anju 2013.09.13 14:50 I attest to the accuracy and integrity of this document
CR No. 5658 of 2001
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directed the petitioner/Judgment Debtor to deposit the amount to the extent of 1/5th share of the rental income and 1/5th of the Theka of the agricultural produce which the JD has derived from the agricultural land situated in village Raikot and further the amount which has otherwise been admitted by the JD in the rendition of account submitted by him on 26.07.2010 before the learned Executing Court.
At the time of hearing in the light of the interim order dated 09.05.2013 passed by this Court in Regular Second Appeal No.1380 of 2007 assailing the decree dated 13.02.2007, on instructions from his client does not contest this revision and prays for three months time to comply with the operative portion of the impugned order dated 06.06.2011.
In response, the respondent No.1/decree holder present in person has no objection to the same.
In view of the aforesaid agreed stand, the present revision is dismissed as withdrawn with the liberty to the petitioner-JD to comply with the directions in the order dated 06.06.2011 on or before 28.02.2014. It is clarified that all arrears payable till 28.02.2014 shall be deposited with the Executing Court.
August 27, 2013 anju
( JASWANT SINGH ) JUDGE
Anju 2013.09.13 14:50 I attest to the accuracy and integrity of this document
Balwinder Singh Grewal
Surinder Chaudhary
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
