Allowed

Avtar Kaur v. Estate Officer Urban Estate Punjab and Ors.

Punjab & Haryana HC22 Dec 2015CR/8734/2015

Case brief

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What is this about?

The High Court of Punjab & Haryana allowed a revision petition to set aside a trial court order dismissing an application seeking restoration of an execution application. The High Court held that the executing court should not have non-suited the petitioner after a categoric averment clarified the date of application.

What did the court decide?

The impugned order dated 03.10.2015 is set aside and the application seeking restoration of the execution application is restored to its original number.

Avtar Kaur Vs Estate Officer Urban Estate… — Execution and Attachment | Punjab & Haryana HC (2015)

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CR No.8734 of 2015 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR No.8734 of 2015 (O&M) Date of decision: 22.12.2015

Avtar Kaur

... Petitioner

Vs.

Estate Officer, Ludhiana and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Whether reporters of local newspapers may be allowed to see judgment?

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To be referred to reporters or not?

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Whether the judgment should be reported in the Digest?

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Present:Mr. Binat Sharma, Advocate for the petitioner.

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AMIT RAWAL J. (Oral)

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Learned counsel appearing on behalf of the petitioner/decree holder submits that trial Court, vide impugned order has dismissed the application seeking restoration of the execution application, which has been dismissed in default on 10.02.2014 and application in this regard was moved on 11.03.2014, yet the Court below has dismissed the application on the ground that execution application pertains to the year 2007.

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I have heard learned counsel for the petitioner and appraised the paper book.

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Once there has been a categoric averment in the application that the petitioner/decree holder had wrongly noted the date as 10.03.2014 instead of 10.02.2014 and the application in this

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SAVITA DEVI KADIAN 2015.12.28 15:45 I attest to the accuracy and integrity of this document High Court Chandigarh

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CR No.8734 of 2015 (O&M)

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regard was moved on 11.03.2014 after making reasonable inquiries, but execution application has been dismissed in default on 10.02.2014, the Executing Court should not have non-suited the petitioner on the ground that execution application pertains to the year 2007, rather it should have been decided on merits.

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In view of the aforementioned observations, the impugned order dated 03.10.2015 (Annexure P-5), is set aside and the application seeking restoration of the execution application is restored to its original number.

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Accordingly, the revision petition stands allowed.

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(AMIT RAWAL) JUDGE

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December 22, 2015 savita

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SAVITA DEVI KADIAN 2015.12.28 15:45 I attest to the accuracy and integrity of this document High Court Chandigarh

Avtar Kaur v. Estate Officer Urban Estate Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Avtar Kaur v. Estate Officer Urban Estate Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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