Punjab State Co-Opreative Supply ... vs Chandan Gupta And Others
2022 Latest Caselaw 12039 P&H

124
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


                                           CR No.4079 of 2022
                                           Date of decision: 22.09.2022


Punjab State Co-operative Supply & Marketing
Federation Limited (Markfed) and another
                                                            ..... Petitioners

                                       versus

Chandan Gupta and others
                                                          ..... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. A. S. Pannu, Advocate for the petitioners.

TRIBHUVAN DAHIYA J. (ORAL)

This petition has been filed under Article 227 of the

Constitution of India for quashing the order dated 08.08.2022 passed

by the Executing Court, whereby warrants of attachment of property of

the petitioner-judgment debtor have been issued.

2. Learned counsel for the petitioner submits that in the

absence of succession certificate of the deceased-plaintiff, the

Executing Court was not authorised to proceed with execution of the

decree.

3. Perusal of the decree sheet dated 21.12.2018 itself

establishes that legal heirs of deceased Lakhpat Rai were already

brought on record before the trial Court. The argument, therefore, has

no merit, and has been raised in derogation of the facts on record.

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4. The order passed by the Executing Court does not suffer

from any infirmity.

5. Dismissed.

(TRIBHUVAN DAHIYA) JUDGE 22.09.2022 rittu Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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