Anita Kumari Sohil @ Sohal vs Kanwarpal Singh Aneja

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 143

GURBIR SINGH
Anita Kumari Sohil @ Sohal – Appellant
Versus
Kanwarpal Singh Aneja – Respondent

Advocates appeared:
For the Parties : Mr. Tarunvir Saini, Mr. Sanjeev Kumar Sharma

Judgment

Mr. Gurbir Singh, J.

Challenge in this revision petition filed under Article 227 of the Constitution of India is for setting aside the orders dated 19.01.2024 and 02.02.2024 (Annexures P-1 and P-2 respectively) passed by learned Civil Judge (Junior Division), Chandigarh, whereby conditional warrant of arrest against the petitioner has been issued for recovery of amount in Execution Application No.47 of 2020 titled as Kanwarpal Singh Aneja Versus Anita Kumari Sohal.

2. Learned counsel appearing on behalf of the petitioner-judgment debtor inter alia submits the petitioner is a lady and a lady cannot be arrested/detained for non-execution of any decree for money. Reliance is placed on the judgment in Mary Chacko and another Versus Jancy Joseph and others, 2005(4) R.C.R. (Criminal) 554, an authority of Division Bench of Kerala High Court. It is submitted that the award was passed in the Lok Adalat, Chandigarh on 13.07.2019 where the matter was settled and only installments of Rs.1.50 lacs were to be paid, but it was wrongly mentioned as Rs.2.50 lacs.

3. I have heard the submissions of learned counsel for the petitioner and have gone through the file.

4. The award was passed by the

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