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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Balkar Singh – Appellant
Versus
Jakhepal Block Rural Cooperative House Building Society Ltd. – Respondent
| Table of Content |
|---|
| 1. basis of the civil revision petition and facts of the case. (Para 1 , 2 , 3) |
| 2. court's analysis and conclusion on the objections raised. (Para 5 , 11 , 12) |
| 3. arguments against execution and their dismissal. (Para 6 , 7 , 8 , 9 , 10) |
| 4. final conclusion and dismissal of the petition. (Para 13 , 14) |
JUDGMENT :
MANDEEP PANNU, J.
1. The present civil revision petition has been filed by the petitioner–judgment debtor under Article 227 of the Constitution of India for setting aside the order dated 15.09.2025 passed by the learned Civil Judge (Junior Division), Rajpura, whereby the objections filed by the petitioner– judgment debtor in the execution petition were dismissed.
2. The brief facts leading to the filing of the present revision petition are that the respondent–decree holder had filed an execution petition to execute the award dated 29.12.2017 passed by the Arbitrator under the provisions of the Punjab Co-operative Societies Act, 1961. As per the record, the petitioner–judgment debtor had availed a housing loan of Rs.10,00,000/- from the respondent society, and upon default in repayment, the dispute was referred to arbitration, resulting in an award of Rs.14,23,928/
The court confirmed that executing courts have limited authority, bound to enforce decrees without re-evaluation, and successive executions are permissible within statutory limits if the decree remai....
The executing court cannot go behind the decree unless it is a nullity, and re-agitating objections already dismissed in a previous petition would amount to an abuse of process of law.
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
The main legal point established in the judgment is that a money suit based on a mortgage could not be adjudicated upon by the Arbitration Tribunal, and the release of documents for creating equitabl....
An award under the Kerala Cooperative Societies Act is executable by the Munsiff Court, notwithstanding the objections related to pecuniary jurisdiction at the time of filing the execution petition.
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