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2023 Supreme(P&H) 854

ANIL KSHETARPAL
Ramesh Chander – Appellant
Versus
Sarabjit Singh (Deceased) through Lrs – Respondent


Advocates appeared:
Mr. Divanshu Jain, Advocate for the appellant.

ANIL KSHETARPAL, J.

1. This execution second appeal filed by the third party objector to assail the correctness of the concurrent orders passed by the Executing Court on 16.12.2021, which in appeal has been affirmed by the First Appellate Court. In substance, the appellant along with his brother filed objection petition claiming that their father purchased the suit property under the sale deed and they have inherited the property from their father. It was also claimed that there is a decree in their favour dated 01.08.2018 against the judgment debtor.

2. It was contested by the decree holder while highlighting that the judgment and decree passed on 01.08.2018 is collusive as the objectors filed the suit on 04.07.2018 and the decree on the basis of compromise was passed on 01.08.2018. It has also been submitted that the aforesaid civil suit was filed by the objectors after the decree for possession was passed by the trial Court against the judgment debtor, which in appeal was affirmed by the First Appellate Court.

3. The Executing Court on perusal of the revenue record found that 25 marlas of land is recorded to be owned by two persons namely Sh. Lalit Kapoor and Sh. Gurdit Singh. Late

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