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IN THE HIGH COURT OF PUNJAB AND HARYANA
(123)
KAMAL HUSSAIN
MOHD. ALI
CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL
Present:- Mr.
for the petition
**** VIRINDER AGGARWAL
1.
This revision petition under Article 227 of the Constitution of India has been directed against order dated 13.08.2025, vide which, the defence of the petitioner was struck of and warrant of attachment of the property was passed by the Executing Court. The petition was ready and the counsel was to obtain the signatures. Petitioner resides in Panchkula and is employed in a private shop, whereas, execution proceedings are going on in Bilaspur. Counsel r case but request was declined. RSA of the petitioner is also pending against the
judgment and decree dated 26.10.2021. In case, the impugned order is not set aside, it would cause material prejudice to the petiti
2.
I have gone through the impugned order (Annexure P2), where has been specifically recorded that objections have not been filed and judgment debtor has availed so many effective opportunities including last opportunity for filing objections, so, there is no justification in granting any more opportunity to the judgment debtor for filing objections.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-
Date of Decision:
AMAL HUSSAIN
Versus
-.- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Mr. Vinay Kumar Begra, Advocate, for the petitioner. **** VIRINDER AGGARWAL, J. (Oral) This revision petition under Article 227 of the Constitution of India has been directed against order dated 13.08.2025, vide which, the defence of the petitioner was struck of and warrant of attachment of the property was passed by the Executing Court. The order has been assailed on the ground that the objection petition was ready and the counsel was to obtain the signatures. Petitioner resides in Panchkula and is employed in a private shop, whereas, execution proceedings are going on in Bilaspur. Counsel requested the Executing Court to adjourn the case but request was declined. RSA of the petitioner is also pending against the
judgment and decree dated 26.10.2021. In case, the impugned order is not set aside, it would cause material prejudice to the petiti have gone through the impugned order (Annexure P2), where has been specifically recorded that objections have not been filed and judgment debtor has availed so many effective opportunities including last opportunity for , so, there is no justification in granting any more opportunity to the judgment debtor for filing objections.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
-5839-2025 Date of Decision:-27.08.2025
… Petitioner
... Respondent HON'BLE MR. JUSTICE VIRINDER AGGARWAL Vinay Kumar Begra, Advocate, This revision petition under Article 227 of the Constitution of India has been directed against order dated 13.08.2025, vide which, the defence of the petitioner was struck of and warrant of attachment of the property was passed by
order has been assailed on the ground that the objection petition was ready and the counsel was to obtain the signatures. Petitioner resides in Panchkula and is employed in a private shop, whereas, execution proceedings equested the Executing Court to adjourn the case but request was declined. RSA of the petitioner is also pending against the
judgment and decree dated 26.10.2021. In case, the impugned order is not set aside, it would cause material prejudice to the petitioner. have gone through the impugned order (Annexure P2), wherein has been specifically recorded that objections have not been filed and judgment debtor has availed so many effective opportunities including last opportunity for , so, there is no justification in granting any more opportunity to
This revision petition under Article 227 of the Constitution of India has been directed against order dated 13.08.2025, vide which, the defence of the petitioner was struck of and warrant of attachment of the property was passed by
order has been assailed on the ground that the objection petition was ready and the counsel was to obtain the signatures. Petitioner resides in Panchkula and is employed in a private shop, whereas, execution proceedings equested the Executing Court to adjourn the case but request was declined. RSA of the petitioner is also pending against the
judgment and decree dated 26.10.2021. In case, the impugned order is not set in it has been specifically recorded that objections have not been filed and judgment debtor has availed so many effective opportunities including last opportunity for , so, there is no justification in granting any more opportunity to SAURAV PATHANIA 2025.08.27 16:59 I attest to the accuracy and integrity of this document
3. Perusal of the case history shows that petitioner has been granted adjournments on 30.05.2024, 12.08.2024, 07.10.2024, 16.12.2024, 09.01.202 24.01.2025 for filing of objections and even subsequent to that on 04.08.2025. 4. There is no provision in CPC, wherein the execution petition is required to be adjourned for judgment debtor to move objection petition. The Court has granted judgment d months, whereas, as per the directions issued by Apex Court, the execution proceedings are required to be disposed of expeditiously in six months, so, there is no material illegality committed by the Ex opportunity for the petitioner/judgment debtor to file objection petition and in proceeding further with the execution of the decree. As such, finding no merits in the revision petition and the same is dismissed accordingly
27.08.2025 S. Pathania
Whether reasoned / speaking? Whether reportable? Perusal of the case history shows that petitioner has been granted adjournments on 30.05.2024, 12.08.2024, 07.10.2024, 16.12.2024, 09.01.202 24.01.2025 for filing of objections and even subsequent to that on 04.08.2025. There is no provision in CPC, wherein the execution petition is required to be adjourned for judgment debtor to move objection petition. The Court has granted judgment debtor enough indulgence for a period of more than six months, whereas, as per the directions issued by Apex Court, the execution proceedings are required to be disposed of expeditiously in six months, so, there is no material illegality committed by the Executing Court opportunity for the petitioner/judgment debtor to file objection petition and in proceeding further with the execution of the decree. As such, finding no merits in the revision petition and the same is dismissed accordingly
(VIRINDER AGGARWAL)
Whether reasoned / speaking? Yes / No Whether reportable? Yes / No Perusal of the case history shows that petitioner has been granted adjournments on 30.05.2024, 12.08.2024, 07.10.2024, 16.12.2024, 09.01.202 24.01.2025 for filing of objections and even subsequent to that on 04.08.2025.
There is no provision in CPC, wherein the execution petition is required to be adjourned for judgment debtor to move objection petition. The Court ebtor enough indulgence for a period of more than six months, whereas, as per the directions issued by Apex Court, the execution proceedings are required to be disposed of expeditiously in six months, so, there is ecuting Court, while closing the opportunity for the petitioner/judgment debtor to file objection petition and in proceeding further with the execution of the decree. As such, finding no merits in the revision petition and the same is dismissed accordingly. (VIRINDER AGGARWAL) JUDGE Yes / No Yes / No
Perusal of the case history shows that petitioner has been granted adjournments on 30.05.2024, 12.08.2024, 07.10.2024, 16.12.2024, 09.01.2025, There is no provision in CPC, wherein the execution petition is required to be adjourned for judgment debtor to move objection petition. The Court ebtor enough indulgence for a period of more than six months, whereas, as per the directions issued by Apex Court, the execution proceedings are required to be disposed of expeditiously in six months, so, there is while closing the opportunity for the petitioner/judgment debtor to file objection petition and in proceeding further with the execution of the decree. As such, finding no merits in SAURAV PATHANIA 2025.08.27 16:59 I attest to the accuracy and integrity of this document