Punjab-Haryana High Court
Baldev Singh And Another vs Kashmir Singh Now Deceased Through His ... on 24 April, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:056118
2024:PHHC:056118
132 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-1346-2023 (O&M)
Date of decision: 24.04.2024
Baldev Singh and another
....Petitioners
Versus
Kashmir Singh (now deceased) through his LRs and another
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. Onkar Singh, Advocate for the petitioners
Mr.B.S.Jaswal, Advocate for the respondents
ANIL KSHETARPAL, J (Oral)
1. This Court has read the file in advance. The learned
counsel representing the petitioners was confronted with the aforesaid
situation, however, he insisted for arguing the case at length. He has
taken almost half an hour to make his submissions.
2. It appears that the petitioners are possessed of un-tiring
energy and money to abuse the process of court. The petitioners are the
subsequent purchasers from the judgment debtors. The plaintiff filed a
suit for possession by way of specific performance of the agreement to
sell, which was decreed on 19.11.2010. This decree was upheld in the
first appeal. The second appeal was dismissed by this Court on
23.04.2018. The Special Leave Petition before the Supreme Court filed
by the judgment debtors was also dismissed. Subsequently, the
petitioners filed objection petition in the execution petition, which was
also dismissed. Again, the first appeal was dismissed. The petitioners
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Neutral Citation No:=2024:PHHC:056118
CR-1346-2023 (O&M) 2 2024:PHHC:056118
did not stop filing of various petitions before various Forums. They
filed an execution second appeal, which was also dismissed on
06.03.2024.
3. Pursuant to the decree, the sale deed was executed in favour
of the decree-holders. On 15.02.2023 the execution petition was
disposed of with the following order:-
"Varinder Pal Singh son of Lt. Kashmir
Singh resident of Vilalge Salowal Tehsl Mukerian
Dist. Hoshiarpur with counsel Shh.L.S.Dadwal
Advocate come present and got recorded his
statement that he has got possession of the decretal
property and after getting possession he has bounded
the decreetal property with pillars and hence decree
has ben fully satisfied and so he withdraw the present
execution petition being fully satisfied.
In view of the separate statement so
suffered by the plaintiff along with Sh.L.S.Dadwal,
Advocate, present suit stands dismissed as withdrawn
being fully satisfied.
File be consigned to Judicial Record
Room, Dasuya, after due compliance."
4. Just two days before the execution petition was disposed of,
the petitioners, who were appellants in execution second appeal, filed
this petition with the following prayer:-
"It is, therefore, respectfully prayed that
the present petition may kindly be accepted and the
direction be issued to respondent DH not to change
the character of the land without getting it
partitioned by metes and bounds as the land in
dispute is a joint land with the petitioners who had
also purchased land from Nishan Singh from the
same Killa numbers and Khewat as such are co-
sharers, in the interest of justice, equity & fair play."
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5. In substance, the petitioners submit that the suit property
comprise of a joint khewat and therefore, the decree-holder cannot be
delivered possession of the specific portion.
6. This Court has considered the submissions made by the
learned counsel representing the parties.
7. The petitioners have not filed any objections to this effect
before the Executing Court. Previously, the petitioners filed objection
petition, which was dismissed and the order was upheld by the First
Appellate Court as well as by the High Court. The possession of the
property has also been taken over by the decree-holder. Thus, these
proceedings are totally abuse of the process of court.
8. Consequently, the petition is dismissed with costs of
Rs.1,00,000/- which shall be deposited in the Post Graduate Institute of
Medical Education and Research, Chandigarh, Poor Patients' Welfare
Fund, within a period of one month, from today.
9. All the pending miscellaneous applications, if any, are also
disposed of.
24.04.2024 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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