In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 17.03.2025 Vikas Wadhawa and Others ... Appellant(s)

Versus Himachal Pradesh State Industrial Development Corporation Limited and Others ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present: Mr. Ajay Jain, Advocate for the appellant(s).

Ms. Ekta Thakur and Ms. Shilpa, Advocates for the respondents. Anil Kshetarpal, J.

1. The only argument of the learned counsel representing the appellants is that the Appellate Court could not remit the matter back to the Executing Court for fresh decision after culling out the issues and directing the parties to lead evidence. He relies upon Order XLI Rule 25 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”).

2. This Court has considered the submissions of the learned counsel representing the appellants and finds no merit therein.

3. The Executing Court had ordered removal of the attachment of the property without giving any opportunity to the parties to prove their case. It is against the aforesaid order, the first appeal was filed before the DEEPAK KUMAR BHARADWpApJellate Court which was not governed by Order XLI of the CPC. The Appellate Court has recorded the following observations while remitting the matter back to the Executing Court:-

“7. After having heard Id. Counsel for the parties and after having gone through the case file, this court finds that present appeal deserves to be allowed because the objections filed by the objectors in the present execution petition are of such nature that it cannot be adjudicated upon properly without directing the parties to adduce their evidence. According to the version put forth by the objectors the house in question was originally allotted to one Sh. Govind Ram, who had sold the same to Smt. Ujjagar Kaur, wife of Sh. Kishan Singh Kohli vide conveyance deed dt. 25.11.2007. After the death of Smt. Ujjagar Kaur, the property was inherited by her natural legal heirs i.e. husband, four sons and four daughters namely (I) Kishan Singh (ii) Bhagwant Singh (iii) Swaran Singh Kohli (iv) Harinder Singh (H.S.Kohli) (v) Narinder Singh (vi) Surinder Kaur (vii) Sohinder Kaur (viii) Kanwaljit Kaur and (ix) Lakhwinder Kaur. A relinquishment deed dated 13.9.1963 was created vide which all the legal heirs of Smt. Ujjagar Kaur had relinquished their ownership rights in favour of their father Sh. Kishan Singh Kohli. Thereafter, an unregistered WILL dt. 2.6.1979 was created vide which the said property had been bequeathed by Sh.Kishan Singh Kohli in favour of his two sons Bhagwant Singh Kohli and Narinder Singh Kohli and three daughters (1) Sohinder Kaur (ii) Kamaljit Kaur and Lakhwinder Kaur excluding his two sons and one daughter. Sh.Harinder Singh Kohli was excluded from inheriting the property left by Sh.Kishan Singh Kohli. Sh. Bhagwant Singh Kohli, Sohinder Kaur, Kanwaljit Kaur and Lakhwinder Kaur sold their respective 20% share each in favour of their real brother Narinder Pal Singh and his wife namely Darshan Kaur and ultimately the said share was transferred in their name on 10.06.2004. Thereafter on 30.7.2010, respondents no.4 & 5 Sh.Vikas Wadhawa and Ms.Nisha Wadhawa had purchased 20% share of the house in question from Narinder Pal Singh and Hardarsh Kaur for a sale consideration of Rs.34 lacs. Same was transferred in their favour on 16.8.2010. Similarly 40% share of the house was purchased by Smt. Rita Wadhawa from Sh. Narinder Pal Singh and Hardarsh Kaur vide sale deed dt. 21.6.2010 for a sale consideration of Rs.68 lacs and same was transferred in their name on 22.07.2010. Subsequently remaining 40% share of the house was purchased by Surinder Kumar Wadhawa from Narinder Pal vide sale deed dt. 2.7.2010 for sale consideration of Rs.68 lacs and was transferred in his favour on 3.8.2010. Sh.Narinder Pal Kohli had mortgaged the said house with HDFC bank and had taken a loan of Rs.10 lacs but no step was initiated against Sh.Harinder Singh Kohli to satisfy