PREM AGGARWAL Vs. MOHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Some litigants, it seems, cannot take yes for an answer. After this Court on 1/4/2025 set aside the decree but moulded equitable relief by directing payment of Rs.2,00,00,000.00 (Rupees Two Crores), a sum 800 (eight hundred) times the Rs.25,000.00 (Rupees Twenty Five Thousand only) paid as earnest money in 1989, the appellant refused the tender, obstructed execution, and has returned to this Court in an effort to delay the inevitable. This appeal is a cautionary tale about how the pursuit of a windfall can turn the process of law against those who seek to exploit it, in order to retain possession while spurning an extraordinary monetary award. The appellant has shot himself in the foot and in the same breath dug his own grave. Equity will not allow unjust enrichment. The process of execution exists to give effect to judgments and not to underwrite windfalls. A party that has received such compensation must yield possession.

(3.) This appeal assails the correctness of the judgment and order dtd. 11/9/2025 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 5810 of 2025, titled 'Prem Aggarwal through her GPA Holder vs. Mohan Singh and others', whereby the said revision assailing the correctness of the order dtd. 7/8/2025 as well as order dtd. 12/8/2025 passed by the Civil Judge (Junior Division), Chandigarh (for short, "Executing Court") directing for issue of warrant of possession and rejecting the objections/application of the appellant, was dismissed.