Jasbir Singh v. Ajit and Others
Case Details
CR-6175-2025 (O&M) (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR-6175-2025 (O&M) CR Decided on :- 08.09.2025 Decided on : Jasbir Singh ....Petitioner VERSUS Ajit and Others ....Respondents MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Tanmoy Gupta
Legal Reasoning
, Advocate for the petitioner. Mr. Tanmoy Gupta, Advocate for the petitioner. MANDEEP PANNU J. MANDEEP PANNU -.- 1. The present civil revision has been preferred by the petitioner/decree The present civil revision has been preferred by the petitioner/decree The present civil revision has been preferred by the petitioner/decree The present civil revision has been preferred by the petitioner/decree 2025 passed by the learned Civil Judge holder assailing the order dated 04.08.2025 passed by the learned Civil Judge 2025 passed by the learned Civil Judge holder assailing the order dated (hereinafter referred to as, ‘the Executing Court’), (Junior Division), Gurugram (hereinafter referred to as, ‘the Executing Court’) (hereinafter referred to as, ‘the Executing Court’) (Junior Division), led by the petitioner for restoration of his execution whereby the application filed by the petitioner for restoration of his execution led by the petitioner for restoration of his execution whereby the application fi petition was not decided finally but the matter was adjourned to 03.11.2025 petition was not decided finally but the matter was adjourned to petition was not decided finally but the matter was adjourned to for obtaining the report of the Ahlmad regarding the status of the execution petition. obtaining the report of the Ahlmad regarding the status of the execution petition. obtaining the report of the Ahlmad regarding the status of the execution petition. obtaining the report of the Ahlmad regarding the status of the execution petition. Brief Facts 2. not in dispute. The petitioner/decree holder had The material facts are not in dispute. The petitioner/decree holder had not in dispute. The petitioner/decree holder had The material facts are filed a suit for possession by way of partition against the respondents/judgment filed a suit for possession by way of partition against the respondents/judgment filed a suit for possession by way of partition against the respondents/judgment filed a suit for possession by way of partition against the respondents/judgment 2022, debtors. The said suit was decreed by judgment and decree dated 30.08.2022, debtors. The said suit was decreed by judgment and decree dated debtors. The said suit was decreed by judgment and decree dated and a preliminary decree was whereby the shares of the parties were specified and a preliminary decree was whereby the shares of the parties were specified whereby the shares of the parties were specified 2022 for preparation of the passed. The matter was thereafter adjourned to 04.10.2022 for preparation of the passed. The matter was thereafter adjourned to passed. The matter was thereafter adjourned to mode of partition. The Halqa Girdawar was appointed as Local Commissioner. mode of partition. The Halqa Girdawar was appointed as Local Commissioner. mode of partition. The Halqa Girdawar was appointed as Local Commissioner. 3. The judgment debtors moved an application under Order IX Rule 13 The judgment debtors moved an application under Order IX Rule 13 The judgment debtors moved an application under Order IX Rule 13 The judgment debtors moved an application under Order IX Rule 13 2022 and also filed an application CPC for setting aside the decree dated 30.08.2022 and also filed an application 2022 and also filed an application CPC for setting aside the decree dated TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document CR-6175-2025 (O&M) (O&M) -2- - under Order XXI Rule 29 CPC for stay of the execution. Both applications were under Order XXI Rule 29 CPC for stay of the execution. Both applications were under Order XXI Rule 29 CPC for stay of the execution. Both applications were under Order XXI Rule 29 CPC for stay of the execution. Both applications were dismissed. Warrants of possession were issued on dismissed. Warrants of possession 2024 for delivery on were issued on 13.02.2024 for delivery on 2024. Objections to the mode of partition filed by the judgment debtors were 22.02.2024. Objections to the mode of partition filed by the judgment debtors were 2024. Objections to the mode of partition filed by the judgment debtors were 2024. Objections to the mode of partition filed by the judgment debtors were also dismissed. 4. Vide order dated 11.07.2024, the E Vide order dated ourt directed the Halqa 11.07.2024, the Executing Court directed the Halqa ecords to deliver possession to the decree Girdawar to visit the spot with relevant records to deliver possession to the decree ecords to deliver possession to the decree Girdawar to visit the spot with relevant r holder and also directed the SHO to provide police aid if required. The matter was holder and also directed the SHO to provide police aid if required. The matter was holder and also directed the SHO to provide police aid if required. The matter was holder and also directed the SHO to provide police aid if required. The matter was adjourned to 29.07. 29.07.2024 for report. 5. 2024 and a During this period, a Panchayat was convened on 22.07.2024 and a During this period, a Panchayat was convened on During this period, a Panchayat was convened on . However, the judgment debtors backed out from the settlement was arrived at. However, the judgment debtors backed out from the . However, the judgment debtors backed out from the settlement was arrived at settlement. On 29.07. 29.07.2024, the judgment debtors made a statement in ourt that 2024, the judgment debtors made a statement in Court that they would deliver possession as per the decree within one year, failing which they they would deliver possession as per the decree within one year, failing which they they would deliver possession as per the decree within one year, failing which they they would deliver possession as per the decree within one year, failing which they e petitioner, treating it as part of the would be liable to pay ₹20,00,000/- to the petitioner, treating it as part of the e petitioner, treating it as part of the would be liable to pay xecution decree. The petitioner also made his statement. On that basis, the execution decree. The petitioner also made his statement. On that basis, the decree. The petitioner also made his statement. On that basis, the etition was consigned to the record room with liberty to restore in case of default. petition was consigned to the record room with liberty to restore in case of default. etition was consigned to the record room with liberty to restore in case of default. etition was consigned to the record room with liberty to restore in case of default. 6. h, nor possession Admittedly, the decree has not been complied with, nor possession Admittedly, the decree has not been complied wit Admittedly, the decree has not been complied wit delivered till 01.08. 2025. The decree holder, therefore, filed an application dated 01.08.2025. The decree holder, therefore, filed an application dated 2025. The decree holder, therefore, filed an application dated 2025 seeking restoration of the execution petition. Instead of directing 04.08.2025 seeking restoration of the execution petition. Instead of directing 2025 seeking restoration of the execution petition. Instead of directing 2025 seeking restoration of the execution petition. Instead of directing immediate execution of the decree, the Executing immediate execution of the decree, the
Decision
order xecuting Court passed the impugned order 2025 for obtaining the report of the dated 04.08.2025, adjourning the case to 03.11.2025 for obtaining the report of the 2025 for obtaining the report of the dated 04.08.2025, Ahlmad and summoning the main file. Ahlmad and summoning the main file. of learned counsel for the petitioner Submissions of learned counsel for the petitioner of learned counsel for the petitioner 7. Learned counsel for the petitioner contended that once the judgment Learned counsel for the petitioner contended that once the judgment Learned counsel for the petitioner contended that once the judgment Learned counsel for the petitioner contended that once the judgment debtors had failed to deliver possession by 01.08.2025, the E debtors had failed to deliver possession by ourt ought 01.08.2025, the Executing Court ought to have straightaway restored the execution and issued warrants of possession, with to have straightaway restored the execution and issued warrants of possession, with to have straightaway restored the execution and issued warrants of possession, with to have straightaway restored the execution and issued warrants of possession, with TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document CR-6175-2025 (O&M) (O&M) -3- - y, as per the directions earlier recorded. It is submitted that police aid if necessary, as per the directions earlier recorded. It is submitted that y, as per the directions earlier recorded. It is submitted that police aid if necessar the impugned order, by merely calling for the report of the Ahlmad and fixing the the impugned order, by merely calling for the report of the Ahlmad and fixing the the impugned order, by merely calling for the report of the Ahlmad and fixing the the impugned order, by merely calling for the report of the Ahlmad and fixing the case after three months, has the effect of unnecessarily prolonging the execution case after three months, has the effect of unnecessarily prolonging the execution case after three months, has the effect of unnecessarily prolonging the execution case after three months, has the effect of unnecessarily prolonging the execution of the decree holder. proceedings to the prejudice of the decree holder. proceedings to the prejudice Findings 8. Having heard learned counsel and having gone through the record, Having heard learned counsel and having gone through the record, Having heard learned counsel and having gone through the record, Having heard learned counsel and having gone through the record, this Court finds as under: this Court finds as under: 2022 stands in (i) It is not in dispute that the decree dated 30.08.2022 stands in (i) It is not in dispute that the decree dated (i) It is not in dispute that the decree dated lications of favour of the petitioner and has attained finality, the applications of favour of the petitioner and has attained finality, the app favour of the petitioner and has attained finality, the app the judgment debtors for setting aside the decree having been the judgment debtors for setting aside the decree having been the judgment debtors for setting aside the decree having been the judgment debtors for setting aside the decree having been dismissed. dismissed. (ii) The execution petition had been consigned to the record room on (ii) The execution petition had been consigned to the record room on (ii) The execution petition had been consigned to the record room on (ii) The execution petition had been consigned to the record room on 2024, based on the statements of the parties, with liberty to 29.07.2024, based on the statements of the parties, with liberty to 2024, based on the statements of the parties, with liberty to 29.07. restore in case of non-compliance. restore in case of non 2025 for (iii) The decree holder filed the application dated 04.08.2025 for (iii) The decree holder filed the application dated (iii) The decree holder filed the application dated restoration on the ground that the judgment debtors had failed to restoration on the ground that the judgment debtors had failed to restoration on the ground that the judgment debtors had failed to restoration on the ground that the judgment debtors had failed to deliver possession by 01.08.2025. deliver possession by directed that the Ahlmad’s report be called (iv) The Executing Court directed that the Ahlmad’s report be called directed that the Ahlmad’s report be called (iv) The 2025. and the case be listed on 03.11.2025. and the case be 9. So far as the calling of the Ahlmad’s report is concerned, this Court So far as the calling of the Ahlmad’s report is concerned, this Court So far as the calling of the Ahlmad’s report is concerned, this Court So far as the calling of the Ahlmad’s report is concerned, this Court finds no illegality. It is a routine and necessary step whenever a file has been finds no illegality. It is a routine and necessary step whenever a file has been finds no illegality. It is a routine and necessary step whenever a file has been finds no illegality. It is a routine and necessary step whenever a file has been consigned to the record room and restoration is sought. The E consigned to the record room ourt is and restoration is sought. The Executing Court is entitled to verify the status of the record before proceeding further. entitled to verify the status of the record before proceeding further. entitled to verify the status of the record before proceeding further. 10. The grievance of the petitioner is essentially with regard to the long The grievance of the petitioner is essentially with regard to the long The grievance of the petitioner is essentially with regard to the long The grievance of the petitioner is essentially with regard to the long adjournment of nearly three months. In this regard, it is sufficient to observe that if adjournment of nearly three months. In this regard, it is sufficient to observe that if adjournment of nearly three months. In this regard, it is sufficient to observe that if adjournment of nearly three months. In this regard, it is sufficient to observe that if TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document CR-6175-2025 (O&M) (O&M) -4- - e holder apprehends delay or obstruction, it is always open to the petitioner/decree holder apprehends delay or obstruction, it is always open to e holder apprehends delay or obstruction, it is always open to the petitioner/decre him to move an application before the E move an application before the Executing r preponement of the xecuting Court for preponement of the date. The Executing ourt, on being satisfied about urgency, would be fully xecuting Court, on being satisfied about urgency, would be fully ourt, on being satisfied about urgency, would be fully e appropriate directions. empowered to prepone the matter and issue appropriate directions. empowered to prepone the matter and issu 11. The impugned order dated 04.08.2025 The impugned order cannot be set aside merely on dated 04.08.2025 cannot be set aside merely on the ground that a longer adjournment has been given or that the report of the the ground that a longer adjournment has been given or that the report of the the ground that a longer adjournment has been given or that the report of the the ground that a longer adjournment has been given or that the report of the Ahlmad has been called. No perversity or jurisdictional error is made out. Ahlmad has been called. No perversity or jurisdictional error is made out. Ahlmad has been called. No perversity or jurisdictional error is made out. Conclusion 12. In view of the above discussion, this Court finds no illegality or In view of the above discussion, this Court finds no illegality or In view of the above discussion, this Court finds no illegality or In view of the above discussion, this Court finds no illegality or material irregularity in the order dated 04.08.2025 passed by the material irregularity in the order dated ourt. 2025 passed by the Executing Court. The revision petition is devoid of merit and is accordingly dismissed. The revision petition is devoid of merit and is accordingly dismissed. The revision petition is devoid of merit and is accordingly dismissed. 13. , clarified that the petitioner/decree holder shall be at It is, however, clarified that the petitioner/decree holder shall be at , clarified that the petitioner/decree holder shall be at It is, however ourt for liberty to move an appropriate application before the Executing Court for liberty to move an appropriate application before the liberty to move an appropriate application before the preponement of the date, and the E ourt shall consider such request in eponement of the date, and the Executing Court shall consider such request in ourt shall consider such request in ecution proceedings are to ensure accordance with law, keeping in mind that execution proceedings are to ensure accordance with law, keeping in mind that ex accordance with law, keeping in mind that ex expeditious enforcement of decrees. expeditious enforcement of decrees. 14. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. 2025 September 08, 2025 tripti (MANDEEP PANNU) JUDGE Whether speaking/non Whether speaking/non-speaking : Speaking speaking : Speaking : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document