TEJPAL SINGH Vs. RAMESH KUMAR SAINI

JUDGEMENT

(1.) By way of present revision petition challenge has been made to the orders dtd. 16/2/2022 and 13/5/2022 passed by the Executing Court whereby, objections petition filed at the instance of petitioner who happens to be legal heir of one of the judgment debtor has been dismissed and the sale of his property by way of auction held on 18/1/2022 has been confirmed.

(2.) Facts leading to the present case are that a decree for recovery of mesne profit @ Rs.5,000.00 per acre, per year was passed in favour of respondent/decree holder by the Court of learned Additional Civil Judge (Sr.Divn.), Ajnala, on 23/7/2010. Grandfather of the present petitioner namely Nihal Singh son of Mohan Singh happened to be one of JD in the judgment and decree dtd. 23/7/2010 whose land situated in Village Sheikh Bhatti was ordered to be attached in the execution proceedings vide order dtd. 20/10/2016. In an execution proceedings, an application dtd. 17/1/2020 came to be filed at the instance of decree holder praying for restraining the present petitioner from transferring/alienating the aforementioned land allegedly inherited by him from Nihal Singh i.e. his grandfather by virtue of registered Will dtd. 16/6/2017 followed by mutation No. 1262. On the aforesaid application, executing Court vide order dtd. 18/2/2020, directed attachment of the property inherited by Tejpal Singh from his grandfather and further alienating the same in any manner till the satisfaction of the executing proceedings.

(3.) Thereafter, as ordered by the executing Court, auction of 22 Kanai of land originally owned by JD-Nihal Singh situated in village Sheikh Bhatti was put to auction on 18/1/2022. The "auction purchaser" who happened to be the son of the decree holder deposited 25% of the auction amount on 21/1/2022 and prayed for time for deposit of the balance 75% amount within a period of 15 days, which even was duly made.