Rajinder Singh vs Ranjeet Singh And Ors
2022 Latest Caselaw 14497 P&H

CR-5246-2022

110 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH
                      CR-5246-2022
                      Date of Decision: November 16, 2022

Lt. Col (Retd.) Rajinder Singh                         ...Petitioner

                                   Versus

Ranjeet Singh and others                               ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Mr. Khush Deep S. Mann, Advocate for the petitioner.

DEEPAK GUPTA, J.(Oral)

Suit for specific performance filed by the plaintiff-Ranjeet

Singh (respondent herein) was dismissed by the trial Court, vide

judgment dated 07.08.2019. However, relief for recovery of the amount

of `4,50,01,000/- was granted with the direction to the defendants to

return the said amount within two months. Against the said judgment and

decree, appeal filed by the defendants is pending before the learned

District Judge, Fazilka. It is informed by learned counsel that cross

appeal filed by the plaintiff is also pending for grant of interest on the

amount of `4,50,01,000/-.

2. It is conceded by learned counsel that no stay order has been

granted by the first appellate Court.

3. For realization of the decretal amount, plaintiff-decree holder

filed execution, wherein land measuring 198 kanals 6 marlas of the

petitioner (J.D.-defendant) has been attached as per para No.2 of the

impugned order dated 30.08.2022. The objections filed by the petitioner-

J.D. have been dismissed by way of impugned order and sale warrants

have been issued.

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CR-5246-2022

4. It is contended that till the pendency of the appeal before the

first appellate Court, the attached land of the petitioner-J.D. should not be

put to auction. It is further contended that the entire land of J.D. has been

directed to be put for auction sale, instead of a portion of land, which

may be sufficient to satisfy the decree.

5. Heard.

6. It is directed that only that portion of the attached land of the

JD - petitioner be put to auction sale, which would be sufficient to satisfy

the decree.

7. Since the appeal against the judgment of the trial Court is

still pending, so it is directed that the amount realized after the auction

sale, be not released to the respondent-D.H. till disposal of the appeal

before the first appellate Court.

8. With this modification in the impugned order dated

30.08.2022, the present revision stands disposed of.

November 16, 2022                               (DEEPAK GUPTA)
sarita                                               JUDGE

                    Whether reasoned/speaking:         Yes/No
                    Whether reportable:                Yes/No




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