Punjab-Haryana High Court
Simranjit Singh vs Allahabad Bank And Ors on 22 April, 2024
Neutral Citation No:=2024:PHHC:054295
2024:PHHC:054295
CR-2231-2024 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
127 CR-2231-2024 (O&M)
Date of decision: 22.04.2024.
Simranjit Singh ...Petitioner.
Versus
Allahabad Bank and another ....Respondents.
***
CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR
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Present: Mr. Lalit Chander, Advocate
for the petitioner.
Mr. Gaurav Goel, Advocate and
Mr. Tarlok, Advocate
for respondent No.1-Bank.
****
Sukhvinder Kaur, J.
By way of present revision petition, the petitioner has
challenged order dated 01.02.2024 (Annexure P-6) and order dated
06.03.2024 (Annexure P-7), passed by the trial Court, vide which the
application filed by the petitioner for stay of the execution proceedings was
dismissed and the mortgaged property of the petitioner was ordered to put to
auction illegally and arbitrarily.
2. Brief facts which are relevant for adjudication of the present
revision petition are that respondent No.1 Allahabad Bank filed mortgage
suit under order XXXIV of CPC against the petitioner and proforma
respondent No.2 for recovery of Rs.13,26,576/- ( i.e. Rs.8,58,064/- being
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Neutral Citation No:=2024:PHHC:054295
2024:PHHC:054295
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Dairy Term Loan and Rs.4,68,512/- being Dairy Cash Credit Limit account)
including interest applied upto date alongwith pendentelite and future
interest since 01.02.2015 at the rate of Rs.11.70% per annum with monthly
rests and by sale of agricultural land measuring 13 kanals 0 marlas bearing
Khata No.116/154 Khasra No.276//19/1 (7-4), 275//16/1 (5-16) situated at
Sunam-C as per jamabandi for the year 2004-05 which has been mortgaged
by the defendants with the plaintiff bank vide registered Mortgage Deed
No.4244 dated 07.02.2008 and Mortgage Deed No.3082 dated 24.12.2009
registered in the office of Sub Registrar, Sunam and by sale of hypothecated
dairy goods and crops lying and standing in the mortgaged land and also
form the personal and other properties of the defendants jointly and
severally.
3. The aforesaid suit was decreed by the trial Court vide judgment
and decree dated 20.12.2021. Aggrieved against the said judgment and
decree, the appeal was preferred by the appellant before the Appellate Court
of District Judge, Sangrur. Alongwith the appeal, an application for staying
the operation of the judgment and decree under appeal was also filed but till
date the aforesaid appeal as well as application preferred by the petitioner
have not been decided.
4. The respondent-Bank has filed the execution application
bearing No.EXE/72/2023 under Order 21 Rule 66 CPC before the Civil
Judge (Junior Division), Sunam for recovery of amount of Rs.19,98,836/-.
The Executing Court vide order dated 01.02.2024 has dismissed the
application for staying the execution proceedings. Thereafter, vide order
dated 06.03.2024, the Executing Court rejected the objections raised by the
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petitioner and ordered the mortgaged land to put on auction. Hence, the
present revision petition has been filed by the petitioner.
5. During the course of arguments, it has been submitted by
learned counsel for the petitioner the he will be satisfied if the First
Appellate Court, Sangrur is directed to decide the Civil Appeal No.72 of
2023 preferred against the judgment and decree dated 20.12.2021 passed by
the trial Court in a time bound manner.
6. Keeping in view the above and as the execution proceedings
are going on for execution of judgment and decree dated 20.12.2021 passed
by the trial Court in CIS No.CS-23-2019, the Appellate Court is directed to
decide the appeal pending before it against the judgment and decree dated
20.12.2021 expeditiously, in accordance with law, after hearing both the
parties, preferably within a period of two months from the date of receipt of
a copy of this order. Till then the order dated 06.03.2024 of Executing Court
be kept in abeyance.
7. Revision petition is disposed of in the aforesaid terms.
8. All pending applications, if any, also stand disposed of
accordingly.
(SUKHVINDER KAUR)
JUDGE
22.04.2024.
komal
Whether speaking/ reasoned : Yes/ No
Whether Reportable : Yes/ No
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