KADAM SINGH Vs. JAI BHAGWAN RAGHBIR CHAND

JUDGEMENT

(1.) THE petitioner, who is a judgement debtor has filed this petition challenging the impugned order dated 04.03.2010, whereby the Executing Court has dismissed the objections raised by him.

(2.) AS per the averments, a suit for recovery for a sum of Rs.3,67,728/-along with costs and interest at the rate of 12% per annum from the date of filing of the suit till its realisation was decreed against the petitioner. Respondent filed Execution Petition No.1 of 2009 in the court of Additional Civil Judge(Senior Division),Kurukshetra seeking execution of the aforesaid decree dated 26.08.2008. Vide Annexure P-2, petitioner raised objections. It is relevant to point out that in his objection petition, the petitioner has stated that since the matter was pending before the authority under Haryana Debt Conciliation Board, Kurukshetra, the present execution petition be dismissed. The Executing Court vide impugned order (Annexure P-3) dismissed the aforesaid objection petition observing that the decree dated 26.08.2008 passed in favour of the respondent has never been challenged by the petitioner and he failed to make the payment and has filed a false and frivolous application before Haryana Debt Conciliation Board, Kurukshetra.

(3.) I have heard learned counsel for the petitioner and perused the impugned order and other documents attached with the revision petition.