Hira Lal Ghai Through Lr vs Gurdev Singh And Ors
2023 Latest Caselaw 5412 P&H

                                                   Neutral Citation No:=2023:PHHC:059537




256                                                   2023:PHHC:059537

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
                                        RSA-1391-2019 (O&M)
                                     Date of decision:26.04.2023


HIRA LAL GHAI THROUGH LR                                     ...Appellant
                                        VS
GURDEV SINGH AND ORS                                         ...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:     None for the appellant.

       Mr.Tejinder Pal Singh, Advocate,
       For respondent No.1.
                   ***
ARUN MONGA, J. (ORAL)

Having suffered concurrent adverse findings by the two Courts

below, the plaintiff is in second appeal before this Court assailing the trial

Court judgment and decree dated 24.10.2017, as upheld by the learned First

Appellate Court vide its judgment and decree dated 13.02.2019 dismissing

the suit filed by appellant/plaintiff for permanent injunction and allowing the

counter-claim filed by respondent No.1 Gurdev Singh thereby directing the

original appellant-Hira Lal Ghai to handover vacant possession of ground

floor of the building to respondent No.1 within three months from the date

of order.

It transpires that during pendency of the appeal before this

Court, the decree under challenge qua which execution was filed since been

partly satisfied. The decree holder/respondents have withdrawn the

execution proceedings with liberty to recover the licence money from the

judgment debtor/appellant by instituting fresh process, as is borne out from

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Neutral Citation No:=2023:PHHC:059537

the order dated 30.04.2022 passed by learned Executing Court, which is

reproduced herein below:-

"Warrant of attachment has been received back duly served. Learned counsel for the DH has suffered the statement that the DH has received the possession by the process of the Court. He withdraws the execution reserving the right of the DH to the recovery of license money from the JD by instituting fresh process, as per law. Accordingly, the execution application is disposed off being partly satisfied, with the liberty aforesaid. File be consigned to the record room."

In view of the above, nothing survives for adjudication before this Court.

Disposed of accordingly.

                                                            (ARUN MONGA)
                                                               JUDGE
26.04.2023
vandana

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

Neutral Citation No:=2023:PHHC:059537

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