Punjab-Haryana High Court
Balbir Kaur vs Jasbir Singh on 22 March, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:041940
2024:PHHC:041940
123 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-4973-2023 (O&M)
Date of decision: 22.03.2024
Balbir Kaur
....Petitioner
Versus
Jasbir Singh
..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. Vikas Duggal, Advocate for
Mr. Amarjit Singh Shergill, Advocate for the petitioner
Ms. Vidushi Kumari, Advocate for
Ms. Gurkamal Kaur, Advocate for the respondent
ANIL KSHETARPAL, J (Oral)
1. The petitioner herein is a judgment debtor. A civil suit for the recovery of the amount has been decreed against her. The execution of the aforesaid decree is sought to be stalled on the following two grounds:-
i) The petitioner has filed a separate suit challenging the correctness of such decree.
ii) After withdrawal of the first execution petition, the second execution petition is not maintainable.
2. This Court has considered the submissions made by the learned counsel representing the parties.
3. Admittedly, there is no stay in the second suit. The learned counsel representing the petitioner has failed to draw the attention of the Court to any provision of the Code of Civil Procedure, 1908, which debars maintainability of the second execution petition.
1 of 2 ::: Downloaded on - 12-04-2024 23:59:18 ::: Neutral Citation No:=2024:PHHC:041940 CR-4973-2023 (O&M) 2 2024:PHHC:041940
4. Keeping in view the aforesaid facts, no ground to interfere is made out.
5. Hence, dismissed.
6. All the pending miscellaneous applications, if any, are also disposed of.
22.03.2024 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
::: Downloaded on - 12-04-2024 23:59:19 :::