Extracted from the PDF above. The PDF is authoritative.
AT CHANDIGARH **** 299 CR-4889-2024 (O&M) Date of Decision.:25.03.2025 Sa%sh Kumar Singal Pe%%oner Vs. Sham Lal Singla and Another Respondents
CORAM:
HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Ajay Aggarwal, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) On the last date of hearing, following order was passed in CR-4889-2024:
“Peoner is the decree holder before the Execung Court. Ejectment peon filed against respondents was allowed. Vacant possession of the demised premises was to be delivered to him. However, as certain goods belonging to the respondents are lying therein, the Court by way of impugned order dated 13.08.2024 (Annexure P-6) has directed to the decree holder either personally or through his representave/counsel to be present alongwith Bailiff to facilitate the issuance of warrants and to take possession of the arcles allegedly lying in the premises on superdari. Learned counsel for the peoner submits that peoner decree holder is 77 years old person and he cannot be held responsible for taking arcles lying in the premises on superdari. Noce of moon be issued to the respondents for 12.11.2024 with a direcon that in case they fail to appear before this Court or to take possession of the arcles lying in the demised premises, the Court will be compelled to direct the Execung Court to hand over the possession of those arcles to the police, which will be responsible to hand over the same to the respondents with no responsibility of the peoner-decree holder.” NEETIKA TUTEJA 2025.03.26 10:08 I attest to the accuracy and integrity of this document
CR-4889-2024 (O&M) Noce issued to respondent No.1 received back duly served. However nobody has turned up on his behalf. Respondent No.2 is reported to have expired. In view of the aforesaid facts and circumstances, when respondent No.1, despite being service has not come forward so as to take possession of the arcles lying in the demised premises, the Execung Court is hereby directed to hand over the possession of the arcles lying in the demised premises to the police which will be responsible to hand over the same to respondent No.1/LRs of respondent No.2 with no responsibility of the peoner/decree-holder. Execung Court is directed to make compliance of the said order.
Disposed of. Pending applicaon(s), if any, also stands disposed of.
( DEEPAK GUPTA ) JUDGE March 25, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.03.26 10:08 I attest to the accuracy and integrity of this document