Davinder Singh And Ors vs The Collector-Cum-Deputy ...
2023 Latest Caselaw 21142 P&H

Punjab-Haryana High Court

Davinder Singh And Ors vs The Collector-Cum-Deputy ... on 5 December, 2023

Bench: Sureshwar Thakur, Sudeepti Sharma

                                                   Neutral Citation No:=2023:PHHC:155992-DB




232                                            2023:PHHC:155992-DB


            IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH.


                                          CWP-8502-2023 (O & M)
                                          Date of Decision : 05.12.2023


DAVINDER SINGH AND ORS.                                           .....Petitioners


                                    Versus


THE COLLECTOR-CUM-DEPUTY COMMISSIONER KARNAL AND
ORS.                                  ....Respondents


CORAM:      HON'BLE MR. JUSTICE SURESHWAR THAKUR
            HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present :   Mr. Sukhpal Singh, Advocate with
            Mr. Shavnik Mehta, Advocate
            Mr. Gautam Pathania, Advocate
            for the petitioners.

            Mr. Ankur Mittal, Addl. A.G., Haryana with
            Mr. Saurabh Mago, DAG, Haryana.

            Ms. Manpreet, Advocate for
            Mr. Saurabh Bajaj, Advocate
            for respondent No. 4.

            Mr. Parmod Sharma, Advocate
            for Mr. Ajay Kumar Rana, Advocate
            for respondents No. 5 and 6, 8 to 11.

                     ****
SURESHWAR THAKUR, J. (Oral)

1. Respondent No. 7 is reported to have been died. However, the

learned counsel for the petitioners prays for deletion of the name of the

afore respondent from the array of respondents, being not a necessary

party and only a proforma respondent.

2. Request accepted.

3. The Registry is directed to make the necessary corrections in

the array of respondents in the memo of parties.

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Neutral Citation No:=2023:PHHC:155992-DB

CWP-8502-2023 (O & M) -2-

4. Further, the counsels appearing for the contesting litigants are

ad idem, thus, the instant writ petition is disposed of with a direction upon

the Appellate Authority concerned, seized with the statutory appeal to

positively within a period of two months from today, make a speaking

decision upon the said appeal but after hearing all affected persons

concerned.

5. In view of the above, the judgment debtors concerned, may

institute an application before the learned Executing Court concerned, to

not execute the warrants of possession, as thereby may be the successful

judgment debtors concerned, may be led to seek restoration of possession

from the Gram Panchayat concerned, to whom such possession becomes

delivered in the face of successful execution being made in the warrants of

possession.

6. On such an application being filed, the executing Court

concerned may take such decision, as deemed fit, in accordance with law.

7. Since the main case itself has been decided, thus, all pending

application(s), if any, are also disposed of.

(SURESHWAR THAKUR) JUDGE

(SUDEEPTI SHARMA) 05.12.2023 JUDGE kavneet singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:155992-DB

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