Raunak Singh Deceased His Lrs vs Sukhdev Singh And Ors
2021 Latest Caselaw 2907 P&H

           IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH

Sr. No.110                                        CR-2228-2021 (O&M)
                                                  Date of decision : 06.10.2021

Raunak Singh (Deceased) through his LRs                          ..... Petitioners

                                     VERSUS

Sukhdev Singh and others                                        ..... Respondents

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:      Mr. Bhavyadeep Walia, Advocate, for the petitioners.

                                         *****
SUDHIR MITTAL, J. (Oral)

The petitioners are the judgment debtors. Against their

predecessor, an ex parte judgment and decree dated 07.12.2013 was passed

for recovery of Rs.7,00,000/- alongwith interest. Execution of the said

judgment and decree was sought in the year 2016. The petitioners-JDs have

filed an application under Order 9, Rule 13 CPC for setting aside the

judgment and decree in the year 2020.

Before executing Court, an application under Order 21 Rule 59

CPC and another one under Order 41 Rule 6 CPC were filed. The

application under Order 21 Rule 59 was dismissed vide order dated

29.07.2021 on the ground that no case was made out for grant of stay of sale

as the applicant could seek restitution, if his application under Order 9 Rule

13 CPC succeeded. Regarding the application under Order 41 Rule 6 CPC,

the executing Court gave an opportunity to the applicant to furnish surety in

the shape of FDR or bank guarantee to the extent of Rs.15,00,000/-, failing

which, the application would be dismissed. The application has been

dismissed vide order dated 16.08.2021 as condition prescribed was not

fulfilled.

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An appeal has been filed against the said orders alongwith an

application for stay of the same. I have been told that service has been

effected and the matter is pending for 03.11.2021.

In view of nature of the order being passed, issuance of notices

to the respondents is dispensed with.

Accordingly, the revision petition is disposed with a direction

to the appellate Court to decide the pending appeal or at least the stay

application on the date fixed. Meanwhile, the auction sale be not confirmed.

                                                                (SUDHIR MITTAL)
                                                                     JUDGE
06.10.2021
Ramandeep Singh

Whether speaking / reasoned                                        Yes / No
Whether Reportable                                                  Yes/ No




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