SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(P&H) 1444

ANIL KSHETARPAL
Sanjeev Kumar – Appellant
Versus
Hari Chand (since Deceased) Through His Lrs – Respondent


Advocates Appeared:
Mr. Vaibhav Sehgal, Advocate, for the Appellant; Mr. Kanwar Abhay Singh, Advocate for respondent no.1 (i), 2 and 8, for the Respondent

JUDGMENT

Anil Kshetarpal. J. (Oral) - The petitioners herein are the judgment debtors. They assail the correctness of the order dated 18.08.2018 passed by the Executing Court, while refusing to recall the warrants of possession, previously issued by the court.

2. Some peculiar facts are required to be noticed. Late Sh.Hari Chand, maternal grandfather of the petitioner no.1, filed a suit for possession by way of declaration to the effect that the plaintiff is the owner of property measuring 50 square yards comprised in khasra no.302 located in Tarf Gahlewal, Tehsil and District Ludhiana. Various other reliefs were also sought. Apart from the petitioners, he has also impleaded his own children as the defendants. The suit was ex parte decreed on 20.12.2013. The operative part of the judgment reads as under:-

    'Hence, considering all these facts and circumstances of the case, the suit of the plaintiff is decreed ex-parte to the effect that the plaintiff owner of property measuring 50 Sq. yards mentioned in the head note of the plaint and and further to the effect that the alleged General Power of Attorney bearing Wasika No.227 dated 26.4.2007 registered in the office of Sub Registrar Ludhi

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top