Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 26847 (PNJ)

THE KHARAK MANGOLI PRIMARY AGRICULTURE COOP SOCIETY LTD v. RAJ KUMAR

CR/4352/2026 · 2026-07-07

Deepak Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

159 CR-4352-2026 Date of Decision: July 07, 2026 The Kharak Mangoli Primary Agriculture Coopera)ve Society Ltd. …Pe))oner Versus Sh. Raj Kumar …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. U.K. Agnihotri and Ms. Anshul Agnihotri, Advocates for the peoner. DEEPAK GUPTA , J.(Oral) Assistant Registrar, Cooperave Sociees, Panchkula, exercising the powers of Registrar Cooperave Sociees, Haryana passed an order dated 19.01.2021 for recovery of approximately `33.17 lacs along with interest @ 18% per annum ll the date of realizaon from the respondents. The said order is to be executed by the Execung Court. The execuon was filed for that purpose wherein no one put in appearance for the judgment debtor – respondent despite several opportunies as evident from the order dated 20.02.2026 (Anenxure P-1). However, by way of said order dated 20.02.2026 (Annexure P-1), the concerned Execung Court has dismissed the execuon on the ground that no fresh list of the property has been filed by the decree holder for the purpose of warrant of a8achment. 2. Assailing the aforesaid order, learned counsel for the peoner has drawn a8enon towards Annexure P-8, whereby applicaon was filed under Order XX1 Rule 64 & 66 CPC for a8aching the property of J.D., annexing with that applicaon jamabandi for the year 2019-20 regarding the property of the respondent. 3. The impugned order appears to have been passed by the concerned Execung Court in haste without taking into consideraon the SARITA RANI 2026.07.08 10:06 I attest to the accuracy of this document/order CR-4352-2026 - 2 - 2026:PHHC:091567 relevant provisions of law. When the J.D. was not appearing and applicaon had already been moved by the decree holder by furnishing details of the property of the J.D., the Execung Court was not at all jusfied in dismissing the execuon. Consequently, the impugned order is hereby set aside. The concerned Execung Court is directed to restore the execuon to its original number and proceed further in accordance with law. Present peon is disposed of July 07, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.07.08 10:06 I attest to the accuracy of this document/order