Saroop Singh Through His Lrs vs Hukam Singh(Deceased) Through His Lrs ...
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Punjab-Haryana High Court

Saroop Singh Through His Lrs vs Hukam Singh(Deceased) Through His Lrs ... on 29 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                       Neutral Citation No:=2024:PHHC:057914



CR-1954 of 2019 (O&M)                  -1-           2024:PHHC:057914

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                    CR-1954 of 2019 (O&M)
                                                    Date of Order:29.04.2024


Saroop Singh(deceased) through his LRs
                                                                    .Petitioner
                                    Versus

Hukam Singh (deceased) through his LRS and others
                                                                 ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. P.R.Yadav, Advocate for the petitioner.

Mr. Ashish Gupta, Advocate and Mr. G.S.Bidhan, Advocate for respondent no.9(i)

ANIL KSHETARPAL, J

1. The petitioner before this court is the Judgment Debtor in an

execution petition. The Regular Second Appeal No.4908 of 2011 filed by

the petitioner is pending in this Court.

2. In the Regular Second Appeal filed by the appellant on

14.12.2011, the operation of the impugned judgment was stayed by the

Court while issuing the notice of motion. On 14.11.2017, the appeal was

admitted for regular hearing and the interim order was directed to continue.

3. The Executing Court while relying upon the Asian Resurfacing

of Road Agency Pvt. Ltd. and Anr. vs. Central Bureau of Investigation,

2018(1) Law Herald (SC) 12, has held that the life of an interim order after

a period of six months comes to an end unless it is specifically extended. In

a recent judgment passed by a Larger Bench in High Court Bar

Association, Allahabad vs. State of U.P.and others( Criminal Appeal

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Neutral Citation No:=2024:PHHC:057914

CR-1954 of 2019 (O&M) -2- 2024:PHHC:057914

No.3589 of 2023), decided on 29.02.2024, the Supreme Court has reversed

the view taken in Asian Resurfacing of Road Agency Pvt. Ltd. and

Anr.(supra).

4. Keeping in view the aforesaid facts, the impugned order dated

06.03.2019, is set aside. The revision petition is allowed.

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

disposed of.

April 29, 2024                                        (ANIL KSHETARPAL)
nt                                                         JUDGE


Whether speaking/reasoned               :YES/NO
Whether reportable                      :YES/NO




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