Rajinder Singh (Deceased) Through His LR Sukhpreet Singh vs Dalbir Kumar

Vikas Bahl, J

CM-21800-CII-2025

This is an application filed under Section 151 CPC for restoration of the case and recalling of order dated 07.08.2025.

For the reasons stated in the application which is duly supported by an affidavit, the present application is allowed and order dated 07.08.2025 is recalled and the main case is restored to its original number and is taken on Board today itself for final disposal.

Main case

This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 30.09.2022 passed by the Executing Court vide which warrants of attachment have been issued for the said property.

On 29.10.2025, this Court had passed the following order:-

“Present:- Ms. Guneet Babbar, Advocate for the applicant-petitioner.

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Inter alia, contends that the applicant-petitioner is ready to pay an amount of Rs.5,00,000/- to the non-applicant/respondent today itself and to show the bona fide of the applicant-petitioner, the applicant-petitioner has produced a demand draft of an amount of Rs.5,00,000/- in the name of Dalbir Kumar and has submitted that the applicant is ready to pay the same. It is submitted that the applicant-petitioner is also ready to pay the balance amount and has further submitted that the auction of the land of the applicant-petitioner is to take place on 01.11.2025.

Notice to the counsel for the non-applicant/respondent for 30.10.2025.

To be shown in the urgent list.

The applicant-petitioner is directed to bring the original draft on the date fixed.

October 29, 2025”

Learned counsel for the petitioner has handed over the original draft to the counsel for the respondent who has reiterated the said fact.

During the course of hearing, a consensus has been arrived at between the petitioner as well as respondent and on the basis of the consensus, the present revision petition is disposed of with the following directions/observations:-

i) It has been agreed that total amount which the petitioner through his LR would pay to the respondent-Decree Holder in pursuance of the judgment and decree dated 18.04.2018 would be Rs.11,00,000/- and out of the said amount, an amount of Rs.5,00,000/- has already been paid and thus, balance amount of Rs.6,00,000/- is left.

ii) It has been further agreed that the petitioner through his LR would pay an amount of Rs.3,00,000/- to the respondent on or before 15.01.2026 and would pay the balance amount of further Rs.3,00,000/- on or before 01.04.2026 and on payment of the same, the judgment and decree dated 18.04.2018 would be fully satisfied.

iii) The petitioner through his LR-Sukhpreet Singh would file an affidavit with respect to the said two aspects before the Executing Court within a period of one month from today and the Executing Court would then adjourn the execution proceedings to 01.04.2026.

iv) Till 01.04.2026, attached property of the petitioner through his LR would not be auctioned.

v) On payment of the abovesaid amount on the date fixed, the execution would be disposed of and the attached property would be free from all encumbrances.

vi) In case, the petitioner through his LR defaults in making the payment as has been stated in the direction No.(i) and (ii) then apart from the attached property being liable to be sold, the petitioner through his LR would also be liable to be proceeded against under the Contempt of Courts Act, 1971.

All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order.