Balbir Kaur vs Jasbir Singh
2024 Latest Caselaw 6624 P&H

Punjab-Haryana High Court

Balbir Kaur vs Jasbir Singh on 22 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                  Neutral Citation No:=2024:PHHC:041940




                                                2024:PHHC:041940
123 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                          CR-4973-2023 (O&M)
                                          Date of decision: 22.03.2024

Balbir Kaur
                                                 ....Petitioner

               Versus

Jasbir Singh
                                                ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-      Mr. Vikas Duggal, Advocate for
               Mr. Amarjit Singh Shergill, Advocate for the petitioner
               Ms. Vidushi Kumari, Advocate for
               Ms. Gurkamal Kaur, Advocate for the respondent

ANIL KSHETARPAL, J (Oral)

1. The petitioner herein is a judgment debtor. A civil suit for

the recovery of the amount has been decreed against her. The execution

of the aforesaid decree is sought to be stalled on the following two

grounds:-

i) The petitioner has filed a separate suit challenging the

correctness of such decree.

ii) After withdrawal of the first execution petition, the

second execution petition is not maintainable.

2. This Court has considered the submissions made by the

learned counsel representing the parties.

3. Admittedly, there is no stay in the second suit. The learned

counsel representing the petitioner has failed to draw the attention of the

Court to any provision of the Code of Civil Procedure, 1908, which

debars maintainability of the second execution petition.

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Neutral Citation No:=2024:PHHC:041940

CR-4973-2023 (O&M) 2 2024:PHHC:041940

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.

22.03.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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