ANAND SARUP Vs. RATTAN BALA

JUDGEMENT

(1.) (ORAL)

(2.) THE present petition is filed challenging the order of the Executing Court dated 4.11.2009 in Case No. 85 of 2008 passed by Civil Judge (Sr. Division) Panchkula.

(3.) LEARNED counsel for the petitioners vehemently argued that undisputedly initially plaintiffs/petitioners and respondent No. 1/ defendant were the joint owner having equal share of the property in dispute. Any share transferred by defendant/respondent No. 1 in favour of Manish now owned by Sneh Lata is qua the share of respondent No. 1/defendant. He further contends that Rattan Bala respondent No. 1 had absolutely no authority to transfer share of the plaintiffs/petitioners, nor she has transferred any share of the plaintiffs/petitioners. Any transfer by respondent No. 1 in favour of Manish now owned by respondent No. 2 would be qua the share of Rattan Bala respondent No. 1. Hence, there is no question of staying the execution proceedings for preparation of final decree on the grounds of filing of the suit by Sneh Lata challenging the preliminary decree dated 29.11.1997.