C.R. No.3398 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of Decision : 03.08.2009
Puran Singh .....Petitioner
versus
Kashmir Singh and another .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Vikram Singh, Advocate, for the petitioner.
-.-
Surya Kant, J.
The petitioner-auction purchaser is aggrieved at the order dated
13.3.2008, passed by the Executing Court, Safidon, whereby a sum of
Rs.3,60,000/- deposited by him towards the sale price of the attached land
measuring 8 kanals, situated in village Rohar, Tehsil Safidon, which was
put to auction on 23.2.2006, has been ordered to be refunded.
The facts reveal that a suit for recovery of Rs.64,377/- filed by
Kashmir Singh against Kala Singh, was decreed. Kashmir Singh filed
execution application in which the land measuring 8 kanal, owned by Kala
Singh, was ordered to be attached and thereafter put to auction. The
petitioner was statedly to be the higher bidder who deposited a sum of
Rs.3,66,000/- towards the sale consideration of the said land. Meanwhile,
the judgment-debtor paid the decretal amount in lump sum and satisfied the
decree. The Executing Court has accordingly, ordered the refund of the
amount deposited by the petitioner-Auction Purchaser, alongwith 10%
C.R. No.3398 of 2008 2
interest on the decretal amount for the period during which the amount
remained lying with the Executing Court.
No error of jurisdiction has been committed by the learned
Executing Court warranting any interference by this Court.
Dismissed.
03-08-2009 (SURYA KANT) Mohinder JUDGE