SHINDERPAL SINGH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) THE challenge in this petition filed under Article 227 of the Constitution of India is to the order dated 16th December, 2013 passed by the learned District Judge, Sangrur directing the parties to appear before the transferee Court of the learned Additional Civil Judge (Senior Division), Sangrur for appearance of the parties on 18th December, 2013 by withdrawing the Execution Application No.70 of 12.05.2000 from the Court of learned Civil Judge (Senior Division), Sangrur being the successor Court of Ms. Harreet Kaur, PCS (J), the then learned Civil Judge (Junior Division), Sangrur holding court that passed the decree. The petitioner is the judgment debtor under the decree which he seeks to resist in this petition on the ground that the executing court is not the court that passed the decree and is therefore a court without jurisdiction to proceed in the matter.

(2.) THE learned District Judge, Sangrur has passed the order which is impugned in this petition, as a result of which order, the order dated 04th December, 2013 passed by Sh. B.S. Ramana, learned Civil Judge (Senior Division), Sangrur has not been accepted. The latter order reads as follows: -

(3.) THEREFORE , the doubts expressed in the order dated 04th December, 2013 have been clarified by the impugned order dated 16 th December, 2013.