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2023 Supreme(P&H) 1552

AMARJOT BHATTI
Akash Sharma – Appellant
Versus
State Bank of Patiala now SBI – Respondent


Advocates appeared:
For the Parties : Mr. Karan Bhardwaj, Mr. Shashank Bhandari

Judgment

Ms. Amarjot Bhatti, J. (Oral):- The petitioners have filed civil revision petition under Article 227 of the Constitution of India for setting aside the order dated 01.07.2023, Annexure P-8, passed by Additional Civil Judge (SD) Jagadhari in Exe/53/2019 titled as “State Bank of Patiala now State Bank of India Vs. Akash Sharma and another” in which conditional warrants have been issued for 11.07.2023.

2. It is argued that the petitioner Akash Sharma is 47 years old and he is suffering from severe medical condition i.e., a neurological disease. Due to his medical condition, he is unable to earn his livelihood. He is unemployed and entirely dependent on his family members. He had applied for loan from the Bank by mortgaging his property purchased vide sale deed dated 17.12.2003. The suit filed by the Bank was decreed ex-parte vide judgment and decree dated 05.10.2011 in which execution application has been filed. The property which was mortgaged with the bank was put on sale by public auction later-on on the basis of third party objections the sale in public auction was cancelled and the money was refunded to the auction purchaser vide order dated 19.01.2019, Annexure P5. The

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