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SIRI RAM versus THE HODAL PRIMARY CO

High Court of Punjab and Haryana, Chandigarh

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Siri Ram v. The Hodal Primary Co-operative Agricultu - CR-708-2006 [2006] RD-P&H 329 (24 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No.708 of 2006

Date of Decision: 14.02.2006

Parties Name

Siri Ram

Petitioner

versus

The Hodal Primary Co-operative Agriculture & Rural Development Limited Respondent

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Adarsh Jain, Advocate for the petitioner JUDGMENT

In pending execution application, by stating that the Civil Court has no jurisdiction to entertain the said application, objection application was filed by the petitioner. It has further been stated that the auction proceedings were not conducted in a fair manner. That application was dismissed. The Court below has stated that the sale was confirmed on 18.4.1996 and within the stipulated period, no objection was raised to the auction proceedings. As such, objection to that extent, this Court feels, was rightly rejected. Further objection of the petitioner that the recovery has wrongly been effected against him, was also dismissed on the ground that executing Court has no jurisdiction to go behind the decree passed. Decree against the petitioner was passed before the year 1996, thereafter, auction proceedings were conducted and sale certificate was issued on 18.4.1996.

At this stage, it is not open to the petitioner to say that decree has wrongly been passed. No case is made out for interference.

Dismissed.

February 14, 2006 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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