KRISHAN SINGH Vs. SATYABIR SINGH

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 5/10/2018 (Annexure P12) vide which the sale stands confirmed as well as order dtd. 15/1/2024 passed by the Civil Judge (Junior Division), Hisar (Annexure P-18) vide which the objections filed by the petitioner were dismissed and also order dtd. 7/2/2024 (Annexure P-19) whereby the warrants of symbolic possession has been issued.

(2.) Learned counsel for the petitioner has submitted that in the present case, along with the civil suit, the proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 were also initiated by respondent No.2-plaintiff with respect to dishonour of cheque and in the said criminal proceedings, the petitioner was convicted and the appeal filed against the same was pending and the matter was compromised vide order dtd. 7/6/2022. It is submitted that the suit filed by respondent No.2-plaintiff was decreed ex-parte and an application filed by the petitioner under Order 9 Rule 13 CPC for setting aside the said ex-parte decree was withdrawn in view of the compromise. It is submitted that in the said circumstances, the impugned order vide which the objections filed by the petitioner to the execution proceedings have been dismissed, deserve to be set aside and the said objections deserves to be allowed.

(3.) This Court has heard learned counsel for the petitioner and has perused the paper book and finds that impugned orders are in accordance with law and deserve to be upheld and the revision petition being meritless, deserves to be dismissed for the reasons stated hereinafter.