IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (137)

Date of Decision:-14.01.2026 Punjab State Cooperative Supply and Marketing Federation Limited ……Petitioner Versus Gurdarshan Singh and Others ……Respondents CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present: Mr. A.P.S. Mann, Advocate for the petitioner.

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AMARINDER SINGH GREWAL, J. (Oral)

1. The present petition has been filed under Article 227 of the Constitution of India, seeking quashing of the order dated 11.08.2025 (Annexure P-1), passed by the Additional Civil Judge (Senior Division), Samana, whereby the objections filed by the petitioner–JD No.12, Jaskaran Singh, have been dismissed and the property of the petitioner has been ordered to be attached for sale in the execution petition.

2. Learned counsel for the petitioner submits that the property of the JD had already been attached by the Arbitrator vide order dated 27.09.2013, wherein it was specifically directed that the respondent–rice miller shall not sell, alienate, transfer or deal in any manner with the properties standing in the name of the rice mill and land measuring 4 kanals kanals 13 marlas in khewat No.527, khatauni No.790, khasra No.144//17, 18/1, 18/2, 19/2, 21/2, 23, 23, 24, 161//1, 2/1, 2/2/3, 8/1, 9/1, 9/2, 10/1 in the jamabandi for the year 2011-12, till the recovery of the claim. It is further submitted that the petitioner specifically brought to the notice of the Executing Court that the property in question already stands attached in favour of Markfed, as was also evident from Rapat No.489 dated 06.12.2013 recorded in the rojnamcha. However, the learned Executing Court failed to consider these facts and the relevant documents while deciding the objections.

3. I have heard learned counsel for the petitioner and perused the paper book.

4. In view of the nature of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as it would only delay the proceedings and result in unnecessary expense to them.

5. In view of the submissions made by learned counsel for the petitioner and without commenting on the merits of the case, the present civil revision petition is allowed. The impugned order dated 11.08.2025 (Annexure P-1), passed by the learned Additional Civil Judge (Senior Division), Samana, is hereby set aside.

6. The Additional Civil Judge (Senior Division), Samana, is directed to reconsider and decide afresh the objections filed by the petitioner, while taking into account the aforesaid facts as well as the documents placed on record.

7. The proceedings qua auction/attachment of the property of the JD shall remain stayed in the execution proceedings till the decision of the objections already filed by the JD.

8. The Registry is directed to forward a copy of this order to the Additional Civil Judge (Senior Division), Samana, for compliance.

9. All pending application(s), if any, stand disposed of accordingly.

(AMARINDER SINGH GREWAL)

JUDGE

14.01.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No