Kawaljit Singh @ Kanwljit Singh vs Anoop Khullar And Anr
2023 Latest Caselaw 21134 P&H

Punjab-Haryana High Court

Kawaljit Singh @ Kanwljit Singh vs Anoop Khullar And Anr on 5 December, 2023

Author: Karamjit Singh

Bench: Karamjit Singh

                                                   Neutral Citation No:=2023:PHHC:155079




CR-4590-2023 (O&M)                                               2023 : PHHC : 155079
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

                                        CR-4590-2023 (O&M)
                                        Date of Decision: 5.12.2023

Kawaljit Singh @ Kanwaljit Singh

                                                                 ....Petitioner

                          VERSUS

Anoop Khullar and another
                                                                 ....Respondents

CORAM:- HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:     Mr. Rakesh Chopra, Advocate and
             Mr. Jashan Chopra, Advocate,
             for the petitioner.

       Mr. Rakesh Sobti, Advocate,
       for respondent No.1.
                   *******
KARAMJIT SINGH, J. (Oral)

Counsel for the petitioner has produced copy of order dated

16.11.2023 whereby the operation of the impugned judgment and decree

dated 30.7.2022 has been stayed by the appellate Court of Additional

District Judge, Fatehgarh Sahib in Civil Appeal No.113 of 2022 Bikram

Batta v. Anoop Khullar.

2. On the other hand, counsel for respondent No.1 submits that no

doubt, operation of the impugned judgment and decree has been stayed but

the present petitioner is not party to the aforesaid appeal.

3. Admittedly, as the operation of the impugned judgment and

decree dated 30.7.2022 has been stayed by the first Appellate Court, the

executing Court cannot proceed ahead with the execution proceedings till

vacation of the aforesaid stay order. So, no purpose will be served by

keeping pending the present petition.

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Neutral Citation No:=2023:PHHC:155079

CR-4590-2023 (O&M) 2023 : PHHC : 155079

4. Counsel for the petitioner submits that he is mainly aggrieved

by orders Annexures P-1 and P-3 passed by the executing Court whereby

sale warrants of the property of the petitioner were issued on the basis of

wrong calculations (Annexure P-2) which are beyond the impugned

judgment and decree. It is further submitted that the executing Court cannot

go beyond the aforesaid judgment and decree dated 30.7.2022.

5. In view of above, the present petition is hereby disposed of

with liberty to the petitioner to revive the same in future in case any cause

of action survives. However, it is made clear that the executing Court

cannot go beyond decree dated 30.7.2022 and has to make calculation only

as per the rate of interest which is given in the said decree and not beyond

that.

                                             ( KARAMJIT SINGH )
                                                   JUDGE
December 5, 2023
Paritosh Kumar
                 Whether speaking/reasoned                 Yes/No
                 Whether reportable                        Yes/No

Neutral Citation No:=2023:PHHC:155079

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