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2025 DAILYLAW 46104 (PNJ)

BISHAN KAUR AND ANOTHER v. AMIT RAI AND ANOTHER

ESA/33/2025 · 2025-04-21

Anil Kshetarpal

Public Interest Litigationbody2025

Judgment text

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ESA No.33 of 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ESA No.33 of 2025 (O&M) Date of Order:21.04.2025 Bishan Kaur and another .Appellants Versus Amit Rai and another ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Lupil Gupta, Advocate Mr. Sandeep, Advocate for the appellants. ANIL KSHETARPAL, JUDGE (Oral) 1. Admittedly, the appellant herein purchased the suit property after decree for possession by way of specific performance of the agreement to sell was passed in favour of the decree holder on 27.04.2022. The objections filed by the appellant have been concurrently dismissed by the Executing Court which in appeal has been affirmed by the Appellate Court. 2. The learned counsel representing the appellants claim that there is a prior agreement to sell date 12.11.2018, in favour of the appellant. 3. This court has considered the submissions of the learned counsel representing the appellants. 4. The sale deed in favour of the appellant is 09.12.2022, whereas the judgment and decree sought to be executed was passed on 27.04.2022. It is obvious that that the judgment debtor has executed a sale deed in favour of the appellant in order to obstruct execution of the decree. 5 Keeping in view the aforesaid facts and discussion, no ground to interfere is made out. NARESH KUMAR 2025.04.23 16:53 I attest to the accuracy and integrity of this document ESA No.33 of 2025 (O&M) -2- 6. Dismissed. 7. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) JUDGE April 21, 2025 nt Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2025.04.23 16:53 I attest to the accuracy and integrity of this document