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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Jagdish Kumar – Appellant
Versus
Iqbal Singh – Respondent
| Table of Content |
|---|
| 1. petition challenges execution order. (Para 1 , 2) |
| 2. dispute over property ownership. (Para 3 , 4) |
| 3. stay granted until appeal resolved. (Para 5) |
JUDGMENT :
Deepak Gupta, J.
By way of this petition, the petitioner – third party objector assails the order dated 13.10.2025 (Annexure P-9) passed by learned Addl. District Judge, Ludhiana in CMA No.338 of 2025, whereby interim relief of stay of the execution proceedings has been declined despite admi6ng the appeal.
2. A decree dated 26.08.2015 was passed in favour of Iqbal Singh in respect of a plot measuring 138 sq. yards situated in Lal Lakir of village Threeke. The execution was filed wherein the preset petitioner – Jagdish Kumar filed third party objection claiming the right in the property measuring 175 sq. yards on which his house existed based upon an agreement to sell dated 22.03.2025.
3. Learned counsel for the petitioner submits that house of the petitioner as detailed in the third party objections is en rely different than the suit property regarding which decree was passed, but under the garb of the decree, the decree holder was trying to take possession of the property of the petitioner - third party objector.
Interim relief in civil proceedings may be granted to abate execution, pending the appeal's resolution, recognizing distinct property claims.
In the absence of evidence to support a claim, the court is not required to frame issues and must form an opinion as to whether any triable issue is involved in the case.
The jurisdiction of the Executing Court over questions of right, title, or interest in a decreetal property is paramount and must be resolved through appropriate procedures in the Code of Civil Proce....
The main legal point established in the judgment is that objections raised under Order 21 Rule 58 and Section 47 of the CPC must be supported by valid evidence of rights over the property to warrant ....
The Executing Court's authority is limited to issues directly related to the execution of a decree, and it cannot adjudicate unrelated matters raised by third-party objectors.
The duty of the Executing Court to ensure that the decree-holder is put in possession of the property, the subservient rights of subsequent purchasers to the rights of the judgment debtor, and the ne....
Execution of decree – Although Objector is not party to arbitral proceedings, he can seek and obtain relief if Award has not been given fairly.
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