Chhinder Kaur Alias Sinder Kaur And ... vs Kirna Devi
2024 Latest Caselaw 5720 P&H

Punjab-Haryana High Court

Chhinder Kaur Alias Sinder Kaur And ... vs Kirna Devi on 13 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                 Neutral Citation No:=2024:PHHC:036614




                                                2024:PHHC:036614
138 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                         CR-1566-2024 (O&M)
                                         Date of decision: 13.03.2024

Chhinder Kaur @ Sinder Kaur and others
                                                ....Petitioners

             Versus

Kirna Devi
                                                ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. Tejinder Pal Singh, Advocate for the petitioners

ANIL KSHETARPAL, J (Oral)

1. The petitioners herein are the judgment debtors. There is a

decree for recovery of Rs.4,00,000/- in favour of the decree-holder Kirna

Devi and against the petitioners i.e the judgment debtors. In

implementation of the aforesaid decree, after attachment, some property

has been sold in a court auction held on 01.03.2018. The petitioners

have filed an application under Order XXI Rule 58 and Order XXI Rule

90 of the Code of Civil Procedure, 1908 (hereinafter referred to as

'CPC') for permission to deposit the decretal amount, which has been

dismissed by the Executing Court. The correctness of the aforesaid

order has been affirmed in appeal by the First Appellate Court. Learned

counsel representing the petitioners contends that the amount can be

deposited by the petitioners today itself.

2. This Court has considered the submissions made by the

learned counsel representing the petitioners.

3. The sale of property by the court auction can be set aside

only in accordance with the procedure laid down under Order XXI CPC.

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Neutral Citation No:=2024:PHHC:036614

CR-1566-2024 (O&M) 2 2024:PHHC:036614

The judgment debtor is required to file such application within the time

prescribed therein. The court cannot entertain such application at any

stage.

4. Keeping in view the aforesaid facts, no ground to interfere

is made out.

5. Hence, dismissed.

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

disposed of.

13.03.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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