Punjab-Haryana High Court
Sardool Singh @ Sardul Singh vs Rai Singh And Others on 3 July, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:082073
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
132
SAO-25-2023 (O&M)
Date of decision: 03.07.2024
SARDOOL SINGH @ SARDUL SINGH ..Appellant
Versus
RAI SINGH AND OTHERS ..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Ajay Jain, Advocate
for the appellant.
Mr. Ashok Verma, Advocate
for respondents.
ANIL KSHETARPAL, J(Oral)
1. The correctness of First Appellate Court's order remitting the matter back to the Executing Court is assailed in this appeal. The First Appellate Court has directed the Executing Court to settle the issues between the parties and permit them to lead evidence to prove their respective case. The learned counsel representing the appellant submits that the First Appellate Court has made observations to the effect that the transfer deed in favour of respondent No.2 to 4 is fraudulent. He submits that in view of the aforesaid finding, the fate of objections filed by respondent No.2 to 4 is sealed. He submits that the Executing Court should be permitted to decide the objections afresh uninfluenced by the observations made by the First Appellate Court in the impugned order. This is the limited prayer made by the learned counsel representing the appellant.
2. The learned counsel representing the respondent (decree holder) submits that this appeal has been filed by the judgment debtor and not by the objections, which proves the malafide intention.
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Neutral Citation No:=2024:PHHC:082073
SAO-25-2023 (O&M) -2-
3. This Court has considered the submissions of the learned counsel representing the parties.
4. As per the order passed by the First Appellate Court, which is impugned herein, the matter is required to be decided afresh by the Executing Court. At this stage, there is only limited prayer.
5. Keeping in view the facts of the case, it is not found appropriate to go into the maintainability of the present appeal. However, the appeal is disposed of with the observation that the Executing Court will proceed to decide the objection petition afresh after settling issues uninfluenced by the observations made by the First Appellate Court with regard to the fraudulent transfer of the property.
6. All the pending miscellaneous applications, if any, are also disposed of.
July 03rd, 2024 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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