Banso Thr Lrs vs Janak Raj And Ors
2024 Latest Caselaw 2036 P&H

Punjab-Haryana High Court

Banso Thr Lrs vs Janak Raj And Ors on 30 January, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                            Neutral Citation No:=2024:PHHC:012498




ESA No.3226 of 2018 (O&M)                       -1-          2024:PHHC:012498

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                 ESA No.3226 of 2018 (O&M)
                                                  Date of Order:30.01.2024

Banso (since deceased) through LRs
                                                                        .Appellant
                                     Versus

Janak Raj and others                                               ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Anil Chawla, Advocate for the appellant.

Mr. Akhilesh Vyas, Advocate for respondent no.2 and 3 (i) to 3(iv)

ANIL KSHETARPAL, J

1. This is an execution second appeal filed by the objector to

challenge the correctness of the dismissal of her objections by the Executing

Court which in appeal has been affirmed by the first appellate court.

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

the relevant facts, in brief, are required to be noticed.

3. Smt. Asha Rani left behind Sh. Jagdish Chander(son), Smt.

Banso (daughter) and Sh. Sita Rani (daughter-in-law of pre-deceased son Sh.

Buta Singh) as Class-I heirs. During her life time, Smt. Asha Rani

transferred the property in favour of her son sh. Jagdish Chander. A suit for

recovery of Rs.40,000/- was filed against Sh. Jagdish Chander which was

decreed on 02.03.1995. In the execution petition, the judgment debtor failed

to pay the amount resulting in attachment of sale of his property. Smt.

Banso (daughter of Smt. Asha Rani) filed an objection petition, which has

been dismissed by both the courts below.

4. At this stage, the learned counsel representing the legal

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Neutral Citation No:=2024:PHHC:012498

ESA No.3226 of 2018 (O&M) -2- 2024:PHHC:012498

representatives of Sh. Jagdish Chander submits that there is a settlement

between the parties and the property has been taken in possession by the

decree holder and he has transferred the same.

5. The learned counsel representing the appellant submits that he

has no information about the aforesaid development, however, he has been

requested to argue the appeal.

6. The learned counsel representing the appellant failed to draw

the attention of the court to any substantive error in the impugned orders.

On a court question, the learned counsel representing the appellant admits

that Smt. Banso, has never challenged the transfer by Smt. Asha Rani in

favour of Sh. Jagdish Chander.

7. Keeping in view the aforesaid facts and discussion, no ground

to interfere is made out.

8. Dismissed accordingly.

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

disposed of.

January 30, 2024                                       (ANIL KSHETARPAL)
nt                                                          JUDGE


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

Neutral Citation No:=2024:PHHC:012498

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