Punjab-Haryana High Court
Kamal Dayal Chaudhary vs M/S Ashok Leyland Finance Ltd. And ... on 2 April, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:044074
CR-1976-2024(O&M) 2024:PHHC:044074
118 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-1976-2024(O&M)
Date of Decision :- 02.04.2024
Kamal Dayal Chaudhary
.......Petitioner
Versus
M/s Ashok Leyland Finance Limited and others
.......Respondents
CORAM:- HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr.Sanjiv Gupta, Advocate
for the petitioner.
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SUVIR SEHGAL, J. (ORAL)
1. Instant petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 26.02.2024, Annexure P2, passed by the learned Additional District Judge, Gurugram, whereby objection filed by the petitioner to the Execution Petition, was rejected.
2. Perusal of the paper-book shows that the property being put to auction was purchased by the judgment debtor on 07.07.1997 and it was mortgaged on 09.01.2001. Objector/petitioner claims to have purchased it by way of sale deed executed on 20.04.2004. However, the copy of the sale deed has not been placed on record.
3. Before the petition can be decided on merits, let the 1 of 2 ::: Downloaded on - 08-04-2024 21:18:40 ::: Neutral Citation No:=2024:PHHC:044074 CR-1976-2024(O&M) 2024:PHHC:044074 118 -2- petitioner place on record the copy of the said sale deed as well as copy of any agreement to sell arrived at between the parties. Petitioner shall also explain as to how and in what mode the consideration was paid as also whether the sale deed was registered. He shall also place on record a copy of the civil suit as well as all the interim orders passed by the trial Court.
4. At this stage, counsel for the petitioner seeks and is granted permission to withdraw the present revision petition with liberty to file a fresh one with better particulars.
5. Dismissed as withdrawn with liberty as aforesaid.
6. Pending miscellaneous application (s), if any, stand disposed of.
02.04.2024 (SUVIR SEHGAL)
Brij JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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