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2016 Supreme(P&H) 818

DARSHAN SINGH
Bidhi Chand – Appellant
Versus
Tribhuvan Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sarabjit Singh Khaira

JUDGMENT :

DARSHAN SINGH, J.

1. The present petition has been preferred against the orders dated 01.03.2016 and 21.04.2016 passed by the learned Additional Civil Judge (Senior Division), Pathankot/Executing Court.

2. I have heard Mr. Sarabjit Singh Khaira, Advocate learned counsel for the petitioner and have carefully gone through the paper book.

3. Learned counsel for the petitioner contended that the respondents had filed suit for possession of the land measuring 58 Kanals 10 Marlas situated in village Dibku Had Bast Number 179, Tehsil Pathankot, District Gurdaspur and for recovery of mesne profits @ Rs.20,000/- per year.

4. Learned counsel for the petitioner further contended that the petitioner has already preferred the appeal against the decree under execution. The said appeal is pending for adjudication. He contended that the petitioner had filed the objections that the execution proceedings should be stayed during the pendency of the appeal. He contended that it is not proper to proceed with the execution as the appeal filed by the petitioners is pending in the Appellate Court, but the objections filed by the petitioner have been wrongly dismissed and even warrants of possession




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