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2025 DAILYLAW 38417 (HP)

HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. v. RAJESH KUMAR AND ANOTHER

CMPMO/390/2024 · 2025-11-27

Bipin Chander Negi

body2025

Judgment text

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2025:HHC:40386 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 390 of 2024 Decided on: 27.11.2025 ____________________________________________________ Housing and Urban Development Corporation ……….. Petitioner Versus Rajesh Kumar and Another ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Sanjay Dalmia, Advocate. For the respondents : Mr. Shashi Bhushan, Advocate, for respondent No. 1. : Respondent No. 2 proceeded against ex parte. ____________________________________________________ Bipin Chander Negi, Judge ( oral) By way of the present petition, a challenge has been laid by the present petitioner/Decree Holder to the order dated 03.04.2024, passed by the Executing Court, whereby a proclamation of sale had been made. 2. Sole contention urged on behalf of the petitioner/decree holder being that in the proclamation to be issued in pursuance to the impugned order dated 03.04.2024, the decreetal amount has been shown as Rs. 3,11,275/-, i.e., the principal amount, whereas according to him the decreetal amount included interest on the principal. On account of interest, it is 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 submitted that the amount to be reflected in the proclamation of sale should be Rs. 13,14,055/- 3. In the aforesaid backdrop, learned counsel appearing on behalf of respondent No. 1/judgment debtor has placed on record a subsequent order dated 10.05.2024, passed by the Executing Court, wherein a correction sought to be made in the impugned order by way of filing present petition, has already been made by the Executing Court by a subsequent order dated 28.05.2024. Copy of order dated 28.05.2024 is taken on record. Copy supplied to the learned counsel appearing on behalf of the petitioner/decree holder. 4. In view thereof, the present petition has become infructuous and accordingly disposed of. Pending application(s), if any, also stands disposed of. 5. The parties are directed to appear before the learned Trial Court on 09.12.2025. (Bipin Chander Negi) Judge November 27th, 2025 Susheel