Khem Chand vs Nanak And Others

Citation : 2024 Latest Caselaw 9276 P&H
Judgement Date : 30 April, 2024

Punjab-Haryana High Court

Khem Chand vs Nanak And Others on 30 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                   Neutral Citation No:=2024:PHHC:059468




                                                 2024:PHHC:059468
130 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                           CR-5576-2019 (O&M)
                                           Date of decision: 30.04.2024
Khem Chand
                                                  ....Petitioner

               Versus

Nanak and others
                                                 ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-      Mr. Vivek Goyal, Advocate for the petitioner

               Mr.Jitender Kaushik, Advocate for respondent no.1 and
               LRs of respondent no. 2 and 5

ANIL KSHETARPAL, J (Oral)

The objection petition filed by the judgment debtor no.2 has been dismissed by the Executing Court. In this case, a suit for possession by way of partition was filed. Preliminary decree for partition was passed on 23.10.2010 and the final decree for partition was passed on 22.01.2016. Before passing the final decree, the respondent's objection petition was dismissed and the final decree was passed. The same objections are sought to be taken before the Executing Court, which have been dismissed. Learned counsel representing the petitioner submits that the suit property in fact belongs to the Gram Panchayat. Hence, the decree cannot be implemented. However, the learned counsel representing the petitioner has failed to substantiate that fact.

Keeping in view the aforesaid facts, no ground to interfere is made out.

Hence, dismissed.

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30.04.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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