A revision petition challenging an order setting aside an order that allowed objections in a specific performance suit seeking refund of earnest money. The High Court found no ground for interference and dismissed the petition.
Revision petition dismissed with no ground for interference being made out.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.1990 of 2016 Date of decision:17.03.2016
Ajmer Singh (deceased) through LRs & others
... Petitioners
Vs.
Rakesh Kumar
... Respondent
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. Raman Mohinder Sharma, Advocate for the petitioners.
AMIT RAWAL J. (Oral)
Challenge in the present petition is to the impugned order dated 23.12.2015, whereby, the Lower Appellate Court has set aside the order allowing the objections filed by petitioners and directed the Executing Court to decide the objections after framing of the issue.
I am of the view that judgment and decree dated 20.01.2010 in a suit for specific performance is for refund of the earnest money, which is being thwarted by taking all frivolous objections. I do not intend to differ with the findings rendered in the impugned order remitting back the matter to the trial Court to decide the same after framing of issue and the same cannot be said to have been passed without jurisdiction.
No ground for interference is made out.
Accordingly, the revision petition is dismissed.
March 17, 2016 (AMIT RAWAL) savita JUDGE
SAVITA DEVI KADIAN 2016.03.22 10:05 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether the High Court should interfere with the lower appellate court order remitting the matter for issue framing.
Whether the objections filed by the petitioners regarding specific performance suit are baseless and frivolous.
Ajmer Singh (deceased) through LRs & others
Rakesh Kumar
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
