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1 ESA-24-2023(O&M) 135 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH ESA-24-2023(O&M) Date of decision:07.05.2025
Smt. Rewati ..Appellant Versus Chiranji Lal and others ..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sandeep Kumar Yadav, Advocate for the appellant Mr. J.P.Sharma, Advocate for respondents no.1 and 2 ANIL KSHETARPAL, J. (Oral)
1. In a suit for the specific performance of the agreement to sell, a decree for refund of the earnest money alongwith interest was passed against Sh.Raj Kumar. The decree-holders have filed the execution petition in which the mother of the judgment debtor filed objections. The residential house alongwith the shop located in residential area of the Village has been attached. The appellant claims that the aforesaid attached property belongs to her and her family and Raj Kumar has no interest therein. Learned counsel representing the appellant also states that he has no objection if the share of Raj Kumar in the land measuring 2 kanals 16 marlas is attached and sold.
2.
Learned counsel representing the decree-holder has no objection to the aforesaid proposal. Accordingly, the impugned orders are set aside. The Executing Court is requested to make sincere endeavours for auctioning the property to the extent of Raj Kumar’s share.
3.
Disposed of. Rekha Sihag 2025.05.08 16:38 I attest to the accuracy and integrity of this document Chandigarh
2 ESA-24-2023(O&M)
4. All the pending miscellaneous applications, if any, are also
disposed of.
(ANIL KSHETARPAL) 07.05.2025
JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Rekha Sihag 2025.05.08 16:38 I attest to the accuracy and integrity of this document Chandigarh