Rajinder Kaur And Ors vs Jagjit Singh And Anr
2024 Latest Caselaw 8860 P&H

Punjab-Haryana High Court

Rajinder Kaur And Ors vs Jagjit Singh And Anr on 25 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                 Neutral Citation No:=2024:PHHC:056899




                                                  2024:PHHC:056899
115 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                         CR-621-2019 (O&M)
                                         Date of decision: 25.04.2024

Rajinder Kaur and others
                                                  ....Petitioners

             Versus

Jagjit Singh and another
                                                  ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. Pranav Handa, Advocate for the petitioners
             Mr. Vijay Kumar, Advocate for respondent no.1

ANIL KSHETARPAL, J (Oral)

1. A subsequent vendee, while opposing the implementation of

the decree passed for possession by way of the specific performance of

the agreement to sell, filed objections to the implementation of the

decree, which were dismissed by the Executing Court. The correctness

of the order passed by the Executing Court is challenged in this revision

petition.

2. Learned counsel representing the petitioners submits that

the petitioner was never a party to the decree which was passed on

02.03.2010, and therefore, his objection petition was required to be

decided like a suit for culling out the issues.

3. This Court has considered the submissions made by the

learned counsel representing the pasties.

4. The decree-holder filed a suit for specific performance of

the agreement to sell dated 01.07.2003. The petitioner purchased the

property on 03.08.2006. He has stepped into the shoes of the judgment

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Neutral Citation No:=2024:PHHC:056899

CR-621-2019 (O&M) 2 2024:PHHC:056899

debtor. Hence, he is not a third party objector. He is representing the

interest of the judgment debtor.

5. Keeping in view the aforesaid facts, no ground to interfere

is made out.

6. Hence, dismissed.

7. All the pending miscellaneous applications, if any, are also

disposed of.

25.04.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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