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Sunder Pal and others v. Haryana Wakf Board and another (P&H HC)
From the Database of www.lawtodaylive.com
Punjab and Haryana High Court
Decided on: 12.12.2022

Code of Civil Procedure, 1908 (V of 1908), Order 21 – Execution proceedings -- Warrant of possession -- Third party objections -- Summary dismissal – Impugned order is not a speaking order and the objections filed by the revisionists have been dismissed in a summary manner – Held, the order cannot be sustained under law, same is set aside with a direction to the Executing Court to hear the counsel again, and then pass a detailed, well-reasoned order on the objections within 10 days -- Till then, the execution of warrant of possession proceedings be kept in abeyance.

(Para 1-5)

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Sunder Pal and others v. Haryana Wakf Board and another (P&H HC)
(2022) Law Today Live Doc. Id. 17325 = 2023(1) L.A.R. 424
From the Database of www.lawtodaylive.com
Punjab and Haryana High Court
Before: H.S. Madaan, J.
CR-5858 of 2022 (O&M)

Decided on: 12.12.2022
Sunder Pal and others - Petitioners
Versus
Haryana Wakf Board and another - Respondents

Present:

Mr. Chetan Mittal, Sr. Advocate with Mr. Udit Garg, Advocate and Mr. Ritvik Garg, Advocate for the petitioners.

Code of Civil Procedure, 1908 (V of 1908), Order 21 – Execution proceedings -- Warrant of possession -- Third party objections -- Summary dismissal – Impugned order is not a speaking order and the objections filed by the revisionists have been dismissed in a summary manner – Held, the order cannot be sustained under law, same is set aside with a direction to the Executing Court to hear the counsel again, and then pass a detailed, well-reasoned order on the objections within 10 days -- Till then, the execution of warrant of possession proceedings be kept in abeyance.

(Para 1-5)

***

H.S. MADAAN, J. (ORAL) –

1. By way of filing the present revision petition, revision petitioners are challenging the order dt. 03.12.2022, passed by Civil Judge (Sr. Divn.) Karnal, vide which the third party objections filed by the petitioners had been dismissed in a summary manner.

2. Notice of motion.

3. At this stage, Mr. G.N. Malik, Advocate accepts notice on behalf of respondent No.1.

4. I have heard learned counsel for the parties besides going through the record.

5. A perusal of the order, which is being impugned, goes to show that it is certainly not a speaking order and the objections filed by the revisionists have been dismissed in a summary manner. The order cannot be sustained under law. Therefore, the same is set aside with a direction to the Executing Court to hear the counsel again, and then pass a detailed, well reasoned order on the objections within 10 days from the date of receipt of copy of this order. Till then, the execution of warrant of possession proceedings be kept in abeyance.

6. The parties through counsel are directed to appear in the Executing Court on 14.12.2022.

7. The revision petition stands allowed accordingly.

Petition allowed.

********

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