Amrinder Singh vs Harjinder Singh And Others
2024 Latest Caselaw 9068 P&H

Punjab-Haryana High Court

Amrinder Singh vs Harjinder Singh And Others on 29 April, 2024

                                 Neutral Citation No:=2024:PHHC:058136




CR No.2441 of 2024                 2024:PHHC:058136
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                          CHANDIGARH

                                               CR No.2441 of 2024
                                               Date of decision:29.04.2024
Amrinder Singh
                                               ....Petitioner
Vs.

Harjitinder Singh and others
                                                      ...Respondents.

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:     Mr.Sandeep Sharma, Advocate for the petitioner.

                          ***

GURBIR SINGH, J.

1. Present petition has been filed for setting aside order dated

08.04.2024 (Annexure P-10) whereby warrant of possession has been issued

by the Court of Addl. Civil Judge (JD), Chandigarh in Execution

Application No.549 of 2023 titled "Harjitinder Singh and others Vs.

Amrinder Singh".

2. Learned counsel for the petitioner, after arguing for some time,

submits that the petitioner is aggrieved by the order whereby he was

proceeded against ex-parte. Thereafter, he filed objections dated 08.04.2024

but the same were not taken on record.

3. Since it is an execution application, so the Judgment Debtor

could join the proceedings at any stage of execution and move objection to

the execution of order of ejectment. So the court was required to take

objection and then to dispose of it.

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Neutral Citation No:=2024:PHHC:058136

CR No.2441 of 2024 2024:PHHC:058136

4. Accordingly, the present revision petition is disposed of with a

direction to the Judgment Debtor to file objections in the Executing Court

within three days and on doing so, the Executing Court shall first dispose of

the objections and then proceed further. The objection shall be disposed of in

accordance with the law expeditiously. If objections are filed within three

days, till the disposal of the same, warrant of possession issued in the

execution shall remain stayed. Thereafter, Executing Court is free to proceed

further in accordance with the law.

                                                  (GURBIR SINGH)
                                                     JUDGE
29.04.2024
raman


             Whether speaking/reasoned          Yes/No

             Whether reportable                 Yes/No




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