DEEPAK ARORA AND ORS. Vs. VIJAY KHANNA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order, dated 02.05.2015, made by the learned Single Judge, whereby OMP No. 44 of 2015 filed by the respondent -Judgment Debtor in Execution Petition No. 10 of 2013, titled as Shri Deepak Arora and another versus Shri Vijay Khanna, came to be allowed (for short "the impugned order").

(2.) A very important question of law has been raised by the parties in the present lis. In order to determine the issue, the narration of brief facts of the case is required.

(3.) VIDE order, dated 08.01.2015, the respondent -Judgment Debtor was proceeded ex -parte and the attached property was ordered to be put to sale in accordance with the mandate of Order XXI CPC, constraining the respondent -Judgment Debtor to deposit an amount of Rs. 4,68,25,228/ - with Collector, Kangra at Dharamshala. Thereafter, the respondent -Judgment Debtor moved OMP No. 44 of 2015 under Sections 144 and 151 CPC with the plea that an error has crept -in while making calculations, the appellants -Decree Holders are entitled to Rs. 3,70,49,770.80/ - in terms of the award and prayed for refund of excess amount.