Citation : 2023 Latest Caselaw 12535 P&H
Judgement Date : 9 August, 2023
Neutral Citation No:=2023:PHHC:103006
123 2023:PHHC:103006
In the High Court of Punjab and Haryana, at Chandigarh
Execution Second Appeal No. 224 of 2018 (O&M)
Date of Decision: 09.08.2023
Yadvinder Singh and Another
... Appellant(s)
Versus
Bal Krishan and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. P.K.Ganga, Advocate
for the appellant(s).
Mr. Brijender Kaushik, Advocate
for the respondent No.1.
Ms. Ruchi Sekhri, Advocate
for the respondent No.2.
Anil Kshetarpal, J.
1. The objections filed by the appellants, namely, Yadvinder Singh
and Jaswinder Singh, were dismissed by the Executing Court, which were
later on affirmed by the First Appellate Court. It is not in dispute that while
granting a decree of specific performance of agreement to sell, the Court set
aside the sale deed executed in favour of Yadvinder Singh and Jaswinder
Singh. The aforesaid judgment of the Civil Judge has been upheld by the
Appellate Courts including the Supreme Court.
2. The learned counsel representing the appellants contends that
the third party objections are required to be decided like a civil suit.
3. This Court has considered the submissions. The appellants
herein claim right on the basis of a sale deed in their favour which has
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Neutral Citation No:=2023:PHHC:103006
2023:PHHC:103006
already been set aside by the Court. Hence, they are not left with any right or
title with the property.
4. Keeping in view the aforesaid facts, no ground is made out to
interfere. Hence, the present appeal is dismissed.
5. The miscellaneous application(s) pending, if any, shall stand
disposed of.
(Anil Kshetarpal) Judge August 09, 2023 "DK"
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:103006
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