LAWS(HPH)-2022-10-35

SECRETARY HP PWD Vs. HIRA SINGH

Decided On October 18, 2022
Secretary Hp Pwd Appellant
V/S
HIRA SINGH Respondents

JUDGEMENT

(1.) By way of this revision petition filed under Sec. 115 of the Civil Procedure Code, the petitioners have sought the quashing of order dtd. 13/12/2018, passed by the Court of learned Civil Judge (Senior Division), Court No. 1, Rohru, District Shimla, H.P. in Execution Petition No. 10-10 of 2012, in terms whereof, an application filed by the decree holder has been allowed and warrant of attachment has been issued qua the moveable and immoveable property of the judgment debtor.

(2.) The execution has been preferred by the decree holder of the judgment and decree passed by the Court of learned Civil Judge, Court No. 2, Rohru, District Shimla, H.P. in Civil Suit No. 21-1 of 2009/08, titled as Hira Singh vs. The Secretary, HPPWD and others, dtd. 21/1/2012, in terms whereof the suit filed by the Decree Holder was partly decreed with a direction to defendants No. 1 to 3 to acquire the suit land comprised in Khata Khatauni No. 214/499, Khasra Nos. 1036, 1030, 1031 and 1026 (old khasra Nos. 1163, 1173, 1175 and 1183), situated at Chak Bijori, Tehsil Rohru, District Shimla, H.P. and after assessing the compensation, to pay the same to the plaintiff and proforma defendants No. 4 to 13.

(3.) During the pendency of the present proceedings, on 2/6/2022, the following order was passed by the Court:-