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2025 DAILYLAW 45344 (PNJ)

PUNJAB WAQF BOARD (NOW KNOWN AS HARYANA WAQF BOARD) v. RAZAQUE ALI

ESA/55/2019 · 2025-05-20

Anil Kshetarpal

body2025

Judgment text

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ESA-55-2019(O&M) 1 114 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ESA-55-2019(O&M) Date of decision:20.05.2025 Punjab Waqf Board (presently known as Haryana Wakf Board) ..Appellant Versus Shri Razaque Ali ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sandeep Punchhi, Advocate for the appellant Mr. Adarsh Jain, Advocate Ms. Amandeep Kaur, Advocate for the respondent ANIL KSHETARPAL, J. (Oral) 1. The execution petition filed by the appellant after a period of more than 12 years from the date of decree has been dismissed on the ground that it was filed beyond the period of limitation. The judgment and decree in faovur of the appellant was passed on 04.01.1992, which was affirmed in appeal on 01.12.1994 whereas the present execution petition was filed on 02.01.2012. 2. Learned counsel representing the appellant submits that the decree-holder is left with no remedy. 3. This Court has considered the submissions made by the learned counsel representing the parties. 4. As per the Limitation Act, 1963, the execution petition is required to be filed within the period of 12 years from the date of Rekha Sihag 2025.05.21 23:20 I attest to the accuracy and authenticity of this document Chandigarh ESA-55-2019(O&M) 2 decree. In this case, the First Appellate Court’s decree is dated 01.12.1994. 5. Moreover, the appellant may, if so advised and permissible in law, avail the remedy of initiating fresh proceedings. 6. Keeping in view the aforesaid facts, no ground to interfere is made out. 7. Hence, dismissed. 8. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 20.05.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Rekha Sihag 2025.05.21 23:20 I attest to the accuracy and authenticity of this document Chandigarh