Sardool Singh @ Sardul Singh vs Rai Singh And Others
2024 Latest Caselaw 10739 P&H

Punjab-Haryana High Court

Sardool Singh @ Sardul Singh vs Rai Singh And Others on 3 July, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                       Neutral Citation No:=2024:PHHC:082073



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
132


                                                  SAO-25-2023 (O&M)
                                                  Date of decision: 03.07.2024

SARDOOL SINGH @ SARDUL SINGH                               ..Appellant

                                   Versus

RAI SINGH AND OTHERS                                       ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:     Mr. Ajay Jain, Advocate
             for the appellant.

             Mr. Ashok Verma, Advocate
             for respondents.

ANIL KSHETARPAL, J(Oral)

1. The correctness of First Appellate Court's order remitting the

matter back to the Executing Court is assailed in this appeal. The First

Appellate Court has directed the Executing Court to settle the issues between

the parties and permit them to lead evidence to prove their respective case.

The learned counsel representing the appellant submits that the First

Appellate Court has made observations to the effect that the transfer deed in

favour of respondent No.2 to 4 is fraudulent. He submits that in view of the

aforesaid finding, the fate of objections filed by respondent No.2 to 4 is

sealed. He submits that the Executing Court should be permitted to decide

the objections afresh uninfluenced by the observations made by the First

Appellate Court in the impugned order. This is the limited prayer made by

the learned counsel representing the appellant.

2. The learned counsel representing the respondent (decree holder)

submits that this appeal has been filed by the judgment debtor and not by the

objections, which proves the malafide intention.

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                                          Neutral Citation No:=2024:PHHC:082073



SAO-25-2023 (O&M)                        -2-

3. This Court has considered the submissions of the learned

counsel representing the parties.

4. As per the order passed by the First Appellate Court, which is

impugned herein, the matter is required to be decided afresh by the

Executing Court. At this stage, there is only limited prayer.

5. Keeping in view the facts of the case, it is not found appropriate

to go into the maintainability of the present appeal. However, the appeal is

disposed of with the observation that the Executing Court will proceed to

decide the objection petition afresh after settling issues uninfluenced by the

observations made by the First Appellate Court with regard to the fraudulent

transfer of the property.

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

disposed of.

July 03rd, 2024                                        (ANIL KSHETARPAL)
Ay                                                          JUDGE

Whether speaking/reasoned          :     Yes/No
Whether reportable                 :     Yes/No




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