Lakhbir Kaur vs Bijender Pal
2024 Latest Caselaw 1226 P&H

Punjab-Haryana High Court

Lakhbir Kaur vs Bijender Pal on 19 January, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                        Neutral Citation No:=2024:PHHC:007128




                                                  2024:PHHC:007128
107 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                            ESA-40-2017 (O&M)
                                            Date of decision: 19.01.2024
Lakhbir Kaur
                                                  ....Appellant
               Versus

Bijender Pal
                                                  ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-      Mr.Vaibhav Jain, Advocate for the appellant

               Mr. Kulbhushan Sharma, Advocate for the respondent

ANIL KSHETARPAL, J (Oral)

1. This Execution Second Appeal has been filed by the

appellant, who had filed objection petition in an execution petition.

The Executing Court dismissed the objection petition, which in

appeal, has been affirmed by the First Appellate Court.

2. In order to comprehend the issue involved in the present

case, some relevant facts, in brief, are required to be noticed.

3. The appellant herein claims to be wife of Sh.Swaran

Singh. In a judgment and decree dated 24.07.2015, Sh.Swaran Singh

was declared to be the owner of the property. He sold the property in

favour of Sh.Bijender Pal, the decree holder vide sale deed dated

28.08.2014. Subsequently, Sh.Bijender Pal filed a suit for grant of

mandatory and permanent injunction against Sh.Swaran Singh,

Smt.Harbhajan Kaur and Sh.Gurinder Singh. The aforesaid suit

culminated into an award passed by the Lok Adalat on 21.05.2016. In

view of the aforesaid award, Sh.Swaran Singh undertook to vacate

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Neutral Citation No:=2024:PHHC:007128

ESA-40-2017 (O&M) 2 2024:PHHC:007128

and handover possession of the premises to Sh. Bijender Pal. The

appellant namely Smt.Lakhbir Kaur filed an appeal to challenge the

correctness of the award passed by the Lok Adalat. The aforesaid

appeal was dismissed by a detailed order passed on 15.07.2017.

4. Learned counsel representing the appellant contends that

third party objections have been decided without framing issues in

this case. He submits that the Executing Court has erred in dismissing

the objection petition in a summary manner.

5. This Court has considered the submissions made by the

learned counsel representing the parties.

6. As is evident, the appellant had already filed an appeal

against the award passed by the Lok Adalat, which has been

dismissed, on merits. The aforesaid judgment thus becomes final.

Moreover, vide judgment and decree dated 24.07.2015, Sh.Swaran

Singh was declared to be owner of the property.

6. Keeping in view the aforesaid facts, no ground to

interfere is made out.

7. Hence, dismissed.

8. All the pending miscellaneous applications, if any, are

also disposed of.

19.01.2024                                    (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2024:PHHC:007128

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