Zulafiqar Ali And Ors vs Haji Mohammad Ibrahim And Anr
2022 Latest Caselaw 6540 P&H

                           111

                                      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                     CHANDIGARH
                                                           -.-
                                                               CR-693-2020 (O&M)
                                                               Date of Decision : 11.07.2022


                           Zulafiqar Ali and Others                                            ...Petitioners

                                                             versus

                           Haji Mohammad Ibrahim and Another                                ...Respondents


                           CORAM :           HON'BLE MRS. JUSTICE ALKA SARIN

                           Present :         None for the petitioners.

                           ALKA SARIN, J. (Oral)

On 30.01.2020, the case was adjourned on the request of

learned counsel for the petitioners. On 11.02.2020, the following order was

passed :

" In the execution petition, the objectors-petitioners

filed their objections raising the ground that property in

dispute had been gifted to them by way of Hiba Nama,

qua which, memo of oral gift was prepared on

27.01.2009. The objectors-petitioners, despite being

given ten opportunities, did not lead their evidence and

the evidence was closed by order. Thereafter, they

approached this Court and vide order dated 29.10.2019,

they were granted one opportunity for concluding their

evidence subject to costs of Rs.20,000/-. However, the

objectors-petitioners against failed to pay costs and

TRIPTI SAINI 2022.07.12 15:23 I attest to the accuracy and authenticity of this judgment/order CR-693-2020 (O&M) -2-

accordingly, the objectors-petitioners were not allowed

to lead any further evidence.

It has been noticed by the Executing Court that the

objectors-petitioners failed to lead evidence to prove

their contentions. It has further been found by the

Executing Court that the property qua which the

objectors-petitioners alleged themselves to be owners in

possession does not pertain to the khasra numbers to

which decree under execution is pertained. On the said

basis, the objections were dismissed, vide order dated

05.12.2019.

Learned counsel for the objectors-petitioners has

moved an application bearing CM-3150-CII of 2020 for

placing on record Hiba Nama as Annexure A-1 to show

that khasra numbers which were gifted to him by way of

Hiba Nama. Apparently, number of Hiba Nama and the

khasra numbers involved in the decree under execution

are totally different.

Faced with the said situation, learned counsel for

the petitioners today again prays for time to place on

record the documents to show that the property is the

same.

On his request, adjourned to 30.03.2020."

TRIPTI SAINI 2022.07.12 15:23 I attest to the accuracy and authenticity of this judgment/order CR-693-2020 (O&M) -3-

Thereafter on 19.04.2022, despite the matter being called twice,

none had put in appearance on behalf on behalf of the petitioners. Today

also the matter has been called twice, once in the pre-lunch session and

second time in the post lunch session but none has put in appearance on

behalf of the petitioners. It appears that the petitioners are not interested in

pursuing the present petition.

Dismissed for non-prosecution.

                           July 11, 2022                                       (ALKA SARIN)
                           tripti                                                 JUDGE

NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO

TRIPTI SAINI 2022.07.12 15:23 I attest to the accuracy and authenticity of this judgment/order