Missionary Society vs Unknown
2021 Latest Caselaw 2771 HP

Civil Revision No. 17 of 2021

28.4.2021 Present: Mr.Dibender Ghosh, Advocate, for the petitioners,

.

through Video Conferencing.

Civil Revision No. 17 of 2021

Notice.

Learned counsel for the petitioners submits that in

present petition there is no need to serve respondent No. 2, who

is proforma respondent, as nothing adverse to the interest of

proforma respondent has been prayed in present petition.

Therefore, service of respondent No. 2 is dispensed with.

Notice to respondent No. 1, returnable on

22nd June, 2021, be issued on taking steps within two days.

CMP No. 5156 of 2021

Notice in the aforesaid terms.

It is submitted by learned counsel for the petitioners

that Execution Petition, order passed wherein is impugned herein,

was filed in the year 2010 after death of judgment debtor Vishal

Chabra therein who was husband of petitioner No. 1 and father of

petitioner No. 2 and, therefore, he submits that warrant of

possession issued by the executing Court against dead person is

illegal and not sustainable, but the executing Court has rejected

the objection filed on behalf of petitioners in this regard and has

committed an error by proceeding further without taking into

consideration the factum of death of judgment debtor Vishal

Chabra before filing of Execution Petition.

In view of above, a prima facie case is made out for

granting an ad-interim stay and, therefore, further proceeding in

.

Execution Petition No. 34-10 of 2020 titled as The Baptist

Missionary Society Vs. Sh. Vishal Chabra and others shall remain

stayed till next date of hearing and consequently warrant of

possession issued against the petitioners is also stayed

accordingly.

r Copy Dasti.

(Vivek Singh Thakur),

Judge.

28th April, 2021 (Keshav)