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EX.P/31/2020
2021 Latest Caselaw 3281 HP

Citation : 2021 Latest Caselaw 3281 HP
Judgement Date : 28 July, 2021

Himachal Pradesh High Court
EX.P/31/2020 on 28 July, 2021
Bench: Vivek Singh Thakur

Execution Petition No.31 of 2020

28.07.2021 Present: Mr.Navneet Kumar Bhalla, Advocate, for the

.

Decree Holder, through Video Conferencing.

Mr.Rajesh Kumar Parmar, Advocate, for the Judgment Debtor, through Video Conferencing. Mr.Kush Sharma, Advocate, for the applicant in

objections stated to have been filed under Order 21 Rule 97 CPC

Execution Petition No.31/2020, OMP Nos.296, 297, 298/2020, 140 and 187/2021

Learned counsel for the Judgment Debtor is seeking

one week's time for having complete instructions in sequel to

orders passed on previous dates.

Mr.Kush Sharma, learned counsel, has appeared

claiming that he has filed an application under Order 21 Rule 97

CPC as third party objections and has further submitted that he

is out of station and not able to assist the Court properly today

and seeks adjournment for one week.

Learned counsel for the Decree Holder has

submitted that application by the third party, stated to have

been filed through Mr.Kush Sharma, Advocate, under Order 21

Rule 97 CPC, is not maintainable in present petition as if any

right is accrued, he is entitled to file a separate civil suit or

separate proceedings independent of present execution

petition.

Accepting request made by Mr.Rajesh Kumar

Parmar and Mr.Kush Sharma, learned counsel, adjourned for

11.08.2021.

Replies to the main petition as well as to the

applications by the respective non-applicants also be filed in the

meanwhile.

(Vivek Singh Thakur) Judge July 28, 2021 (Purohit)

 
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