Sant Ram vs Kundan Singh Deceased Th Lrs And ...
2023 Latest Caselaw 8333 P&H

                                                        Neutral Citation No:=2023:PHHC:077127




                                     2023:PHHC:077127                     Page 1 of 2

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
 113                                        CR-3284-2023 (O&M)
                                     Date of decision: 26.05.2023

 Sant Ram
                                                                  ...Petitioner(s)
                                  Vs.
 Kundan Singh (since deceased) through LRs & Others
                                                               ...Respondent(s)

 CORAM:            HON'BLE MS. JUSTICE NIDHI GUPTA

 Present:-         Mr. Jagjit Singh, Advocate
                   for the petitioner.

                   ***
 NIDHI GUPTA, J.

Present Revision Petition has been filed by the judgment

debtor against order dated 12.05.2023 (Annexure P6) passed by learned

Additional Civil Judge (Senior Division), Sultanpur Lodhi, District Kapurthala

whereby objections filed by the petitioner in Execution Petition No.50 of

2019 filed by respondent No.1/decree-holder, have been dismissed.

2. Brief facts of the case are that plaintiff/respondent No.1

herein had filed a Civil Suit for possession of the plot/house as described in

the head note of the plaint. Vide order dated 07.11.2008 (Annexure P1),

the learned trial Court had dismissed the said Suit. Appeal filed by

respondent No.1 was allowed by learned First Appellate Court vide

judgment and decree dated 08.03.2010 (Annexure P2). The petitioner filed

RSA No.3332 of 2010 before this Court which was dismissed vide order

dated 26.02.2019 (Annexure P3). Consequentially, respondent

No.1/plaintiff/decree holder filed present execution petition No.50 of 2019

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Neutral Citation No:=2023:PHHC:077127

before learned Civil Court (Senior Division), Sultanpur Lodhi, District

Kapurthala, in which the petitioner filed present objection petition on

15.03.2022 (Annexure P5).

3. Learned counsel for the petitioner is unable to deny that

present objections (Annexure P5) filed by the petitioner in Execution

Petition are identical to the grounds/objections taken by the petitioner at

the time of appeal; and the same stand duly decided/rejected vide

judgment and decree dated 08.03.2010 which is under execution.

Admittedly, learned Executing Court cannot go beyond the judgment and

decree dated 08.03.2010 and therefore, correctly found that there was no

merit in the objections filed by the petitioner.

4. Accordingly, I find no ground is made out to exercise the

revisional jurisdiction of this Court.

5. Dismissed.

6. Pending application(s) if any also stand(s) disposed of.

26.05.2023                                                    (Nidhi Gupta)
Sunena                                                        Judge

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




                                                        Neutral Citation No:=2023:PHHC:077127

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