Gurinder Bir Singh Since Deceased ... vs Mahant Harpal Dass Chela Mahant ...
2022 Latest Caselaw 7231 P&H

                            122
                                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                      CHANDIGARH

                                                                           CR-2275-2022 (O&M)
                                                                           Date of decision : 19.07.2022


                            Gurinder Bir Singh (since deceased) through LRs                  ... Petitioner(s)

                                                                 Versus

                            Mahant Harpal Dass Chela Mahant Gurcharan Dass &
                            Anr.                                             ... Respondent(s)

                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :      Mr. Munish Gupta, Advocate for the petitioner.

                                           Mr. Sunny K. Singla, Advocate for respondent No.1.

                            ALKA SARIN, J. (ORAL)

The present civil revision petition under Article 227 of the

Constitution of India has been filed impugning the order dated 03.01.2022

vide which the application filed by the JD-petitioner for setting aside the ex

parte order dated 17.02.2017 has been dismissed as also for setting aside the

ex parte order dated 17.02.2017.

Learned counsel for the JD-petitioner at the outset states that he

would not press the petition qua setting aside of the ex parte order dated

17.02.2017. He, however, prays that he may be allowed to join the execution

proceedings at this stage. It is further the contention of learned counsel for

the JD-petitioner that auction in the present case has since been conducted

and the amount deposited. In fact the same has also been released to the

DH-respondent. Learned counsel for the JD-petitioner would further contend

that in case the JD-petitioner is allowed to join the proceedings at this stage,

there may be a chance to amicably settle the matter with the

DH-respondent.

YOGESH SHARMA 2022.07.20 11:44 I attest to the accuracy and authenticity of this order/judgment.

Chandigarh
                             CR-2275-2022 (O&M)                                                     -2-

Learned counsel for respondent No.1 has contended that the JD-

petitioner had deliberately not appeared before the Court and had absented

himself and the present application had been filed only in the year 2021

though the ex parte order was passed on 17.02.2017.

Heard.

In view of the limited prayer made by learned counsel for the

JD-petitioner and in order to do the complete justice between the parties,

especially keeping in view the fact that auction has been conducted and the

amount has since been released to the DH-respondent, the JD-petitioner is

permitted to join the execution proceedings at this stage. It is, however,

made clear that permission to join the proceedings at this stage would not be

construed as a permission to re-open the execution proceedings.

Disposed off, accordingly. Pending applications, if any, also

stand disposed off.

                                                                           ( ALKA SARIN )
                            19.07.2022                                          JUDGE
                            Yogesh Sharma

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

YOGESH SHARMA 2022.07.20 11:44 I attest to the accuracy and authenticity of this order/judgment.

Chandigarh