The High Court disposed of an appeal filed against judgments allowing third party objections in an execution petition, directing parties to appear before the Executing Court.
Appeal disposed; parties directed to appear before the Executing Court on 28.02.2023.
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.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ESA-2435-2003 (O&M) Date of Decision : 09.02.2023
Rajinder Singh ....Appellant
VERSUS
Kusum Lata & Others ....Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Abhimanyu Kalsy, Advocate for the appellant.
Mr. Amarjit Markan, Advocate for the respondents.
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ALKA SARIN, J. (Oral)
The present appeal has been preferred against the judgments passed by the Courts below vide which the third party objections have been allowed.
Learned counsel appearing on behalf of the respondents, at the outset, states that the decree in the present case was for an amount of Rs.1,55,654.75 paisa in a suit for recovery of Rs.62285/- with costs and interests. Learned counsel has further pointed out that during the pendency of the execution petition on 23.12.1997, the property was attached and was ordered to be put on sale on 22.05.1998. The respondent-objector appeared and filed an application for calling off the sale warrants and they deposited the entire decretal amount which still stands deposited before the Executing Court and that the appellants would always be at liberty to withdraw the
said amount.
TRIPTI SAINI 2023.02.13 10:00 I attest to the accuracy and integrity of this document Chandigarh
ESA-2435-2003 (O&M)
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Faced with the same, learned counsel for the appellant states that he will be satisfied if the amount deposited by the third party is released to him.
In view of the above and the statements made by the learned counsel, the parties are directed to appear before the Executing Court on 28.02.2023 to make their statements and for the Executing Court to accordingly proceed further in accordance with law.
The appeal stands disposed off in the above terms. Pending applications, if any, also stand disposed off.
February 09, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO
TRIPTI SAINI 2023.02.13 10:00 I attest to the accuracy and integrity of this document Chandigarh
Rajinder Singh
Kusum Lata
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
