CR No. 2350 of 2026 · Punjab & Haryana High Court
Case at a glance
Outcome
Disposed of
on record, the present petition is disposed of with a direction to the
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 55. In view of the aforesaid contentions and documents placed on record, the present petition is disposed of with a direction to the Executing Court to obtain the calculation from the decree-holder along with an affidavit regarding the actual amount due. The judgment-debtor (JD) will…
Judgment
CORAM: HON’BLE MR. JUSTICE YASHVIR SINGH RATHOR ...RESPONDENT ***** Present : Mr. Charanpreet Singh, Advocate for the petitioner. YASHVIR SINGH RATHOR , J. (ORAL) *****
This revision petition has been instituted under Article 227 of the Constitution of India for setting aside the impugned order dated
04.10.2025 (Annexure P-4) passed by the learned Additional Civil Judge (Senior Division), Kharar in Execution Case No.51 of 2023, vide which the salary of the petitioner to the extent of 1/3rd has been ordered to be attached.
In view of the nature of the order proposed to be passed, issuance of notice to the respondent is dispensed with as it would only delay the proceedings and cause unnecessary expenditure to the respondent.
I have heard the learned counsel for the petitioner/revisionist and have perused the material available on record.
Learned counsel for the petitioner submits that an ex parte decree for recovery of Rs.1,15,000/- was passed against him along with VISHAL VARDHAN 2026.03.13 15:20 I attest to the accuracy and integrity of this document (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:3)(cid:4)(cid:7)(cid:4)(cid:8)(cid:9)(cid:10)(cid:11)(cid:12)(cid:13)(cid:14) (cid:1)(cid:3)(cid:1) interest @ 9% per annum vide judgment and decree dated 28.07.2017 (Annexure P-1). Thereafter, he paid a sum of Rs.1,20,000/- to the decree- holder through a demand draft dated 06.08.2019 (Annexure P-2). However, the decree-holder has now initiated execution proceedings and the learned Executing Court has attached his salary to the extent of 1/3rd and has ordered recovery of Rs.1,91,000/- vide impugned order dated
04.10.2025 (Annexure P-4). It is contended that the payment of Rs.1,20,000/- by way of demand draft (Annexure P-2) has not been deducted and the entire amount is sought to be recovered and his objection petition in this regard has not been decided.
Operative part
In view of the aforesaid contentions and documents placed on record, the present petition is disposed of with a direction to the Executing Court to obtain the calculation from the decree-holder along with an affidavit regarding the actual amount due. The judgment-debtor (JD) will also furnish his calculation and the Executing Court will thereafter pass an appropriate order for recovery of the balance amount after deciding the objections filed by the JD. It is clarified that till the decision of the objections, no further recovery shall be effected from the salary of the petitioner. Pending misc. application(s), if any, shall also stand disposed
of.
12.03.2026 Vishal Vardhan (YASHVIR SINGH RATHOR) JUDGE Whether speaking/reasoned : Yes / No : Yes / No Whether reportable VISHAL VARDHAN 2026.03.13 15:20 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: on record, the present petition is disposed of with a direction to the
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Punjab & Haryana High Court, on 12 Mar 2026. The bench was YASHVIR SINGH RATHOR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.