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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Jagjit Singh – Appellant
Versus
Charanjit Kaur – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the impugned orders dated 22.07.2015 (Annexure P-5 and Annexure P-6) passed by Civil Judge (Junior Division), Barnala, whereby the Executing Court has dismissed the objections filed by the petitioners. Challenge is also to the order dated 22.07.2015 (Annexure P- 7) whereby the Executing Court has allowed the confirmation of sale in favour of respondent No.1-Charanjit Kaur.
ARGUMENTS ON BEHALF OF THE PETITIONERS:
2. Learned counsel for the petitioners has submitted that in the present case Jaswant Kaur, who is the mother of the petitioners as well as respondent No.1, had filed a suit for recovery of Rs.1,31,250/- on the basis of pronote and receipt dated 11.07.2000 and the said suit was decreed on 08.01.2005. It is submitted that the said Jaswant Kaur had died and respondent No.1 filed the execution application. It is argued that in the said execution application, the petitioners had filed objections which are annexed as Annexure P-2 and Annexure P-4. It is submitted that the primary objection taken in Annexure P-2 was to the effect that the Will dated 18.05.2
The trial court possesses the authority under the procedural code to frame or amend issues at any stage before the final decree to ensure all matters in controversy are adjudicated. The supervisory j....
The registered Will prevails over any unregistered will; courts evaluate the prima facie case, balance of convenience, and irreparable loss in injunction applications.
A registered cancellation deed of a Will, unchallenged, holds precedence in ownership claims, and a prima facie case is essential for injunctions under Order 39.
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
Non-executability of decree – If decree is not nullity, executing court is required to execute such decree unless it has been set aside by a competent court in an appropriate proceeding.
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