Randhir Jain vs Sai Traders And Others
2024 Latest Caselaw 5684 P&H

Punjab-Haryana High Court

Randhir Jain vs Sai Traders And Others on 13 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                          Neutral Citation No:=2024:PHHC:036412




RA-RS-11-2024 (O&M)in                                 1
ESA-03-2024                            . 2024:PHHC:036412


IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                          RA-RS-11-2024 (O&M) in
                          ESA-03-2024
                          Date of decision: March 13, 2024

Randhir Jain
                                                          ....Appellant

                                 Versus

Sai Traders and others
                                                            ....Respondents



CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. Harsh Aggarwal, Advocate
             for the applicant-appellant.


                          ****

ANIL KSHETARPAL, J (Oral)

1. On 9.2.2024, the Execution Second Appeal filed by the applicant was

dismissed by a detailed order. Now, a request for review of the judgment

dismissing the appeal has been filed. The petitioner claims that the judgment

debtor executed an agreement to sell in his favour on 27.04.2015 and thereafter he

executed an affidavit and signed Memorandum of Understanding. He submits that

documents were not available when the execution second appeal was decided.

2. This Court has considered the submissions in execution of a co-decree

for recovery of the amount as Plot No.C-46 owned by Judgment Debtor Deepak

Kapoor has been sold in court auction. Admittedly, the petitioner has not filed any

suit for specific performance of the agreement to sell.

3. Keeping in view the aforesaid facts, there is no scope to review the

judgment passed on 09.02.2024.

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Neutral Citation No:=2024:PHHC:036412

ESA-03-2024 . 2024:PHHC:036412

4. At this stage, learned counsel representing the review applicant

submits that observations made by this Court shall foreclose applicant's rights.

5. This Court has considered the submissions. This Court has only

dismissed the Execution Second Appeal. If the petitioner has any independent

rights against the Judgment Debtor he may avail in accordance with law.

Observations made while dismissing the appeal are restricted to the decision of the

Execution Second Appeal.

6. The review application is disposed of.

(ANIL KSHETARPAL) JUDGE March 13, 2024 archana

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

Neutral Citation No:=2024:PHHC:036412

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