Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 34952 (HP)

RAJESH KUMAR v. TARA SINGH

CMP/12260/2025 · 2025-11-11

Satyen Vaidya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Rajesh Kumar vs. Tara Singh CMP No.12260 of 2025 in C.R. No.47 of 2020 11.11.2025 Present: Mr. Ajay Vaidya, Advocate, for the applicant/respondent. CMP No.12260 of 2025 By way of this application, a prayer has been made for recalling of order dated 6th March, 2024, passed by this Court in Civil Revision No.47 of 2020. It is urged that in CMPMO No.313/2016, a Coordinate Bench of this Court had passed a judgment on 30.11.2016, whereby the right to proceed in execution petition against the legal representatives of judgment debtor has been upheld and for such reason, the order could not have been passed in Civil Revision No.47 of 2020. Having considered the submission made on behalf of the petitioner, it is noticed that the order passed in CMPMO No.313/2016, on which reliance has been placed by the petitioner, had already been referred to in the order dated 06.03.2024. In fact, the order passed in CMPMO No.313/2016 and the order sought to be recalled have been passed in different context. This Court has not held that the decree holder has no right to proceed against the legal representatives of judgment debtor while executing the decree for permanent prohibitory injunction. The observations made by this Court were fact specific as nothing was found on record to suggest that the decree holder had alleged any specific act of violation against legal representatives of original judgment debtor. Thus, no ground for recalling of order is made out. Accordingly, the application s dismissed. ( Satyen Vaidya ) Judge November 11, 2025 (vt)