Jarnail Singh & Another vs Tejeshwar Kumar
2022 Latest Caselaw 3988 HP

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Jarnail Singh & another Versus Tejeshwar Kumar

Kashyap CMPMO No.175 of 2021

31.05.2022 Present: Mr. Mohan Singh, Advocate, vice Mr. Sanjay Kumar Sharma, Advocate, for the petitioners.

Mr. R.L. Chaudhary, Advocate, for the rrespondent.

CMPMO No.175 of 2021 & CMP No.9706 of 2021

Learned counsel for the respondent/

Decree Holder has apprised the Court that despite

the fact that no stay has been granted by this Court

with regard to the execution proceedings going on

before the learned Executing Court, yet simply on

the strength of the pendency of the present

proceedings, the petitioners/Judgment Debtors have

made a false statement before the learned

Executing Court that the case proceedings of the

execution stand stayed by the High Court of

Himachal Pradesh. He has shown to the Court the

order passed to this effect by the Court of learned

Additional District Judge­1, Shimla, H.P.,

in C. No.900240/17, titled as Tejeshwar Kashyap

.

­2­

Versus Jarnail Singh, dated 16.03.2022.

The Court is taking very serious view of

this matter and before any further observation is

made in this regard, let the petitioners remain

present in the Court in person on the next date of

hearing to explain as to under what circumstances

said statement was made before the learned

Executing Court.

As prayed for, list on 20.06.2022. In the

meanwhile, it is made clear that the learned

Executing Court is at liberty to proceed with the

execution proceedings without being influenced by

the factum of the pendency of the present

proceedings in this Court.

(Ajay Mohan Goel) Judge May 31, 2022 (Rishi)