Dismissed

Surat Singh & Ors. v. I.F.C.I. Ltd. & Ors.

Punjab & Haryana HC16 Jan 2014CR/286/2014

Case brief

AI extract

What is this about?

This petition challenged an execution order directing the restoration of mutation entries in favor of IFCI Ltd. The High Court found no ground for interference, holding that since the underlying suit was decreed, the direction to execute the order was legally required. The revision was dismissed.

What did the court decide?

The Executing Court's order directing the restoration of mutation 655 and 725 was upheld, and the petition was dismissed.

Surat Singh & Ors. Vs I.F.C.I. Ltd. & Ors. — Property and Title | Punjab & Haryana HC (2014)

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Civil Revision No. 286 of 2014 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Civil Revision No. 286 of 2014 (O&M) Date of Decision: 16.1.2014.

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Surat Singh and others

.......Petitioners

Versus

IFCI Ltd. and others

.......Respondents

CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. S.K.Chauhan, Advocate for the petitioners.

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SABINA, J.

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Petitioners have filed this petition challenging the order dated 2.1.2014 (Annexure P-22) passed by the Executing Court.

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Learned counsel for the petitioners has submitted that the Executing Court had erred in directing the Tehsildar to incorporate necessary entries in the revenue record by restoring mutation Nos. 655 and 725.

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In the present case, suit was filed by IFCI Limitedrespondent No. 1 for declaration that ex parte judgment and decree dated 8.12.1994 in civil suit No. 483 of 11.6.1994 titled 'Balwant Singh versus M/s International Ceramics Ltd. and others' declaring the sale deeds dated 21.4.1987 and 25.7.1989 and mutation nos. 655 and 725 of village Pauli, are null and void. Suit of the plaintiffrespondent No. 1 was decreed vide judgment/decree dated 20.12.2007. The impugned judgment/decree dated 8.12.1994 were set aside. Appeal filed against the said judgment/decree was Singh Gurpreet 2014.01.20 15:58 I attest to the accuracy and integrity of this document chandigarh

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Civil Revision No. 286 of 2014 (O&M) -2-

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dismissed by the Appellate Court vide judgment/decree dated 3.6.2009. In execution proceedings, the Executing Court has passed the following order on 2.1.2014:-

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“In the present case, it is pertinent to mention that on 28.11.2013 the objections filed on record by the objectors/JDs No. 1 to 8 were dismissed. It is further pertinent to mention that on 20.12.2007 in Civil Suit No. 345 dated 29.10.2004, the suit filed by IFCI was decreed and the impugned judgment and decree dated 8.12.1994 was set aside. In such circumstances, taking into view the available sequence of events and all necessary facts and circumstances, this court is convinced that there is a strong case in favour of DH and hence, the necessary prayer by way of present execution is allowed. The authority relied upon by ld. Counsel for JD's is certainly distinguishable from the peculiar facts and circumstances of the present case. Hence, the Tehsildar, Julana, District Jind (respondent/JD no. 22) is directed to incorporate the necessary entries in the revenue record i.e. by restoring the mutation no. 625 and 725 of revenue estate of village Pauli, Tehsil Jullana, Distt. Jind and submit his report on or before 21.1.2014.”

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During the course of arguments, it has transpired that the mutations in question bear Nos. 655 and 725. It appears that due to typographical error mutation number has been mentioned as 625 instead of 655. Since in the present case, suit filed by respondent No. 1 was decreed and the objection petition filed by JDs No. 1 to 8 was dismissed vide order dated 28.11.2013, the Singh Gurpreet 2014.01.20 15:58 I attest to the accuracy and integrity of this document chandigarh

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Civil Revision No. 286 of 2014 (O&M)

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Executing Court was liable to execute the same.

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No ground for interference is made out.

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Dismissed.

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(SABINA) JUDGE

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January 16, 2014 Gurpreet

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Singh Gurpreet 2014.01.20 15:58 I attest to the accuracy and integrity of this document chandigarh

Surat Singh & Ors. v. I.F.C.I. Ltd. & Ors.

Case brief

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Surat Singh & Ors. v. I.F.C.I. Ltd. & Ors.

Case brief

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