Shammi Kumar Yadav And Anr vs Laxman Singh Chahar And Anr
2023 Latest Caselaw 21655 P&H

Punjab-Haryana High Court

Shammi Kumar Yadav And Anr vs Laxman Singh Chahar And Anr on 12 December, 2023

Author: Karamjit Singh

Bench: Karamjit Singh

                                                      Neutral Citation No:=2023:PHHC:158913



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CR-7364 of 2023                                                         2023:PHHC: 158913

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                CHANDIGARH

                          CR-7364 of 2023(O&M)
                          Date of Decision: 12.12.2023

Shammi Kumar Yadav & Anr.
                                                                   ...Petitioners
Versus

Laxman Singh Chahar & Anr.
                                                                ...Respondents

CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:-    Mr. Manish Soni, Advocate
             For the petitioners.

             Mr. Sandeep Singh, Advocate
             For respondents.
                   ***

KARAMJIT SINGH, J.

1. The present civil revision petition has been filed by the

petitioners/ JDs against the order dated 26.10.2023(Annexure P-4) whereby

the objection petition (Annexure P-3) filed by the petitioners has been

dismissed and orders dated 10.11.2023 (Annexure P-6) and 20.11.2023

(Annexure P-8) whereby conditional warrants of arrest of petitioners are

issued by the Executing Court Gurugram in execution petition No. 216 of

2023.

2. The brief facts of the case are that the suit filed by respondents

for possession by way of specific performance of the agreement was decreed

against the petitioners with costs by the learned trial Court vide its judgment

dated 11.03.2016. Respondents filed execution application for recovering

aforesaid costs worth Rs.3,11,416/- against the petitioners wherein the

Executing Court dismissed the objection petition and further issued

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Neutral Citation No:=2023:PHHC:158913

CR-7364 of 2023 2023:PHHC: 158913

conditional warrants of arrest of the petitioners for satisfaction of the

aforesaid decree.

3. Admittedly, petitioners have already made payment of

Rs.2,00,000/- out of aforesaid amount of Rs.3,11,416/- and today the

counsel for the petitioners made request that balance amount of Rs.

1,11,416/- will be paid to the respondents within a period of next four weeks

and till then no coercive action be taken against the petitioners.

4. The counsel for the respondents are having no objection if

period of four weeks is given to the petitioners to make the payment of

balance amount.

5. In view of the above, without commenting on the merits of the

case the present petition is hereby disposed of with direction to the

petitioners to make payment of balance amount of Rs.1,11,416/- to the

respondents within a period of next four weeks and till then no coercive

action is to be taken against the petitioners. However, in case the petitioners

fail to make payment of the aforesaid balance amount within stipulated

period, this petition shall be deemed to have been dismissed. Further, the

Executing Court is directed to adjourn the execution proceedings with regard

to recovery of aforesaid amount beyond 15.01.2024.

(KARAMJIT SINGH ) 12.12.2023 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:158913

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