UDASI DHARAMSHALA JANDOLI Vs. BAGICHA SINGH

JUDGEMENT

(1.) PETITIONER-decree holder has filed this petition challenging the impugned order dated 08.12.2009 passed by Additional District Judge, Hoshiarpur accepting Misc.Civil Appeal No.16 of 27.04.2009 filed on behalf of the respondent-judgment debtor, setting aside the order dated 04.04.2009 of the Executing Court whereby his objections were dismissed.

(2.) LEARNED counsel for the petitioner has vehemently argued that order dated 04.04.2009 rejecting the objections filed by the respondent-judgment debtor was revisable only and no appeal was maintainable against the aforesaid order, whereas the court of Additional District Judge, Hoshiarpur had entertained the appeal against the aforesaid order illegally and further has passed an interim order in favour of the judgement-debtor/respondent staying his dispossession without jurisdiction. The argument raised by the learned counsel for the petitioner before this Court is that once the appeal itself was not maintainable before Additional District Judge, Hoshiarpur, he could not have granted any interim order and therefore the impugned order was liable to be set aside. LEARNED counsel appearing on behalf of the respondent- judgment debtor could not dispute the proposition that the order dated 04.04.2009 passed by the Executing Court was revisable and appeal filed before the Additional District Judge, Hoshiarpur against the aforesaid order was not maintainable. However, argument raised by learned counsel for the respondent is that since the appeal is pending, let the question of maintainability of the aforesaid appeal etc.or validity of the passing of the impugned order be disposed of by the aforesaid Authority only and till then the interim order should ordered to be continue.

(3.) FACED with this situation, learned counsel appearing on behalf of respondent stated that respondent-judgment debtor be given opportunity to challenge the order dated 04.04.2009 passed by the Executing Court of Ms.Preeti Sahni, Civil Judge(Senior Division), Hoshiarpur, in accordance with law.