Prithvi Raj vs Rampat
2023 Latest Caselaw 12513 P&H

                                                           Neutral Citation No:=2023:PHHC:103275




           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
152                                                   2023:PHHC:103275

                                                   CR-4320-2023
                                                   Date of decision: 09.08.2023

PRITHVI RAJ                                           ..Petitioner

                                     Versus

RAMPAT                                                ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sudhir Aggarwal, Advocate for the petitioner.

Mr. Sumeet Jain, Advocate for respondent.

ANIL KSHETARPAL, J(Oral)

1. On 02.08.2023, the following order was passed:-

"The learned counsel representing the petitioner inter alia contends that the petitioner (decree holder) was delivered possession in the year 2018 and the Court below has ordered restitution of the possession without deciding the objection petition filed by the respondent or finally deciding the execution petition.

Notice of motion.

Mr. Sumeet Jain, Advocate, enters appearance on behalf of the respondent.

List on 09.08.2023 for further proceedings, in the urgent list.

In the meantime, the parties are directed to maintain status quo with regard to the possession of the property."

2. This revision petition arises from an order passed by the

Executing Court directing the restitution of possession from decree holder to

the judgment debtor. The execution has been filed under Order XXI Rule 32

of the Code of Civil Procedure, 1908 alleging the infringement of an

injunction order.

3. The objection petition filed by the respondent is still pending.

The possession was delivered to the decree holder on 20.10.2018.

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Neutral Citation No:=2023:PHHC:103275

2023:PHHC:103275

4. With the consent of the learned counsel representing the parties,

the revision petition is disposed of while requesting the Executing Court to

decide the objection petition within a period of one month, from today.

5. Till then, the operation of the interim order directing restitution

of possession to the judgment debtor shall be kept in abeyance.

6. All the pending miscellaneous applications, if any, are also

disposed of.

August 09th, 2023                                (ANIL KSHETARPAL)
Ay                                                     JUDGE

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

Neutral Citation No:=2023:PHHC:103275

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