Punjab-Haryana High Court
Kamal Satish @ Kamal Joshi vs Indrawati And Ors on 5 September, 2024
Author: Vikas Suri
Bench: Vikas Suri
Neutral Citation No:=2024:PHHC:116626
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
131 CR-5127-2024 (O&M)
Date of decision: 05.09.2024
Kamal Satish @ Kamal Joshi
...Petitioner
Versus
Indrawati and others
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Japsehaj Singh, Advocate
for the petitioner.
*****
VIKAS SURI, J.
1. Petitioner-judgment debtor Kamal Satish @ Kamal Joshi
has instituted this petition under Article 227 of the Constitution of India
inter alia for setting aside order dated 16.07.2024 (Annexure P-11) and
order dated 13.05.2024 (Annexure P-9) whereby the suit property has
been ordered to be sold by means of public auction and the proclamation
of sale in that regard has been drawn and the auction is scheduled for
06.09.2024. Challenge has also been raised to order dated 14.09.2022
(Annexure P-6) whereby the petitioner was proceeded against ex parte
and the same has been reflected while recording the presence in order
dated 27.03.2023 (Annexure P-8).
2. Learned counsel for the petitioner submits that prior thereto,
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on 17.02.2023, the petitioner had come present before the Court as
noticed in the order dated 17.02.2023 and suffered a statement that he
had no objection if the partition is done as per the judgment and decree
dated 31.01.2019. A copy of his Aadhaar Card, after seeing the original,
was also retained on record. Learned counsel for the petitioner submits
that seeking setting aside of ex parte proceedings vide order dated
14.09.2022 (Annexure P-6), the petitioner has already filed an
application before the Court below along with another application
seeking recalling of order dated 13.05.2024 and 16.07.2024 whereby
warrants of sale have been ordered to be issued. The said applications
are pending consideration.
2.2 Learned counsel for the petitioner states that the petitioner
would be satisfied at this stage in case at the first instance, his
application seeking setting aside ex parte proceedings is disposed of by
the trial Court. The prayer made by learned counsel for the petitioner is
not only reasonable but also in consonance with natural justice.
3. In the light of the same, the present petition is disposed of
with a direction to the trial Court to dispose of the applications
(Annexure P-13 colly.) expeditiously in a time bound manner. It is
further ordered that the sale pursuant to the proclamation of sale dated
16.07.2024 (Annexure P-11), if any, be not confirmed till the disposal of
the afore-referred applications.
4. As the present revision petition is being disposed in the
absence of plaintiff-respondents, liberty is granted to them to seek
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recalling of the present order, if valid grounds for the same are made out.
5. The revision petition is disposed of in the aforesaid terms.
(VIKAS SURI)
September 05, 2024 JUDGE
sumit.k
Whether speaking/reasoned : Yes / No
Whether Reportable : Yes / No
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