Punjab-Haryana High Court
Ajaypal Singh And Anr vs Karamjit Kaur And Ors on 25 July, 2022
319
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
EFA-8-2019 (O&M)
Date of decision : 25.07.2022
Ajaypal Singh & Anr. ... Appellant(s)
Versus
Karamjit Kaur & Ors. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present: Mr. K.S. Bassi, Advocate for the appellants.
Mr. Ashish Soi, Advocate for respondent Nos.1 to 3.
ALKA SARIN, J. (ORAL)
The dispute in the present case is qua the recovery of the
enhanced compensation as determined by this Court in FAO No.6646 of
2010 vide order dated 04.07.2014.
Learned counsel for the appellants would contend that vide
order dated 05.11.2011 an amount of Rs.92,189/- was directed to be
recovered from the judgment-debtors as arrears of land revenue and the
amount was to be released to the decree-holders. Learned counsel for the
appellants would contend that while calculating the outstanding amount, the
said amount has not been factored into. He would further contend that
though the claim petition had been filed by the widow, two children and
parents of the deceased, however, the execution petition was filed only on
behalf of the widow and two minor children and not on behalf of the parents
of the deceased. It is further contended that the entire amount cannot be
released to the three claimants in the absence of the parents of the deceased,
YOGESH SHARMA
2022.07.26 11:48
I attest to the accuracy and
authenticity of this order/judgment.
Chandigarh
EFA-8-2019 (O&M) -2-
who were also the claimants in the claim petition and were the parties before
this Court in FAO No.6646 of 2010.
Per contra, learned counsel for respondent Nos.1 to 3 would
contend that as per the report of the Nazir only an amount of Rs.2,24,000/-
was deposited by the judgment-debtors and no further amounts were
deposited by them. It is further the contention of learned counsel for the
respondent Nos.1 to 3 that the father of the deceased namely, Dalbara Singh,
had died prior to the filing of the second execution application. It is,
however, admitted that the mother of the deceased namely, Amarjit Kaur,
died in the year 2019 and no efforts have been made to bring on record the
legal representatives of Dalbara Singh and Amarjit Kaur.
Keeping in view the fact that there appears to be discrepancies
in the calculations inasmuch as the amount of Rs.92,189/- which was
ordered to be recovered as arrears of land revenue from the judgment-
debtors has not been factored into while arriving at the calculations as also
the fact that the legal representatives of Dalbara Singh and Amarjit Kaur
have not been impleaded, I deem it appropriate to set aside the impugned
order dated 31.05.2019 and to remand the case to the Executing Court to
determine afresh the liability of the judgment-debtors after ascertaining as to
whether the amount of Rs.92,189/- was recovered as arrears of land revenue.
However, the amount of Rs.15,00,000/- deposited pursuant to order dated
23.07.2019, which has been invested in an FDR in a nationalized bank, shall
be maintained till the decision of the execution petition.
The parties are directed to appear before the Executing Court
concerned on 10.08.2022 at 10.00 A.M.
YOGESH SHARMA
2022.07.26 11:48
I attest to the accuracy and
authenticity of this order/judgment.
Chandigarh
EFA-8-2019 (O&M) -3-
Keeping in view the fact that the award in the present case
pertains to the year 2010, the Executing Court is requested to expedite the
hearing of the matter.
Disposed off accordingly. Pending applications, if any, also
stand disposed off.
( ALKA SARIN )
25.07.2022 JUDGE
Yogesh Sharma
NOTE : Whether speaking/non-speaking : Speaking
Whether reportable : YES/NO
YOGESH SHARMA
2022.07.26 11:48
I attest to the accuracy and
authenticity of this order/judgment.
Chandigarh
