STATE BANK OF INDIA Vs. KARNAIL SINGH AND OTHERS
LAWS(P&H)-2016-5-531
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 18,2016

STATE BANK OF INDIA Appellant
VERSUS
Karnail Singh And Others Respondents

JUDGEMENT

- (1.) The present revision has been preferred against the order dated 01.07.2015 passed by learned Civil Judge (Junior Division), Kapurthala, whereby the objections filed by the petitioner-Bank in the execution petition titled Satwant Singh Vs. Karnail Singh have been dismissed.
(2.) Respondent No.2 Satwant Singh filed the suit for possession by way of specific performance of agreement to sell dated 26.11.2009 executed by respondent No.1 Karnail Singh in his favour. The said suit filed by respondent No.2 Satwant Singh was decreed by the learned trial Court vide judgment and decree dated 07.06.2012. In the execution proceedings, said Satwant Singh has deposited the remaining sale price as per the decree for payment to JD Karnail Singh respondent No.1. Said Karnail Singh has availed the Cash Credit Limit facility from the petitionerBank and also mortgaged the agricultural land belonging to him as a security of the loan facility. It is further alleged that the petitioner-Bank is to recover Rs.19,81,866/- plus interest from respondent No.1 Karnail Singh. It is further pleaded that decree holder Satwant Singh has deposited the remaining sale price amounting to Rs.9,03,000/- with the executing Court. The petitioner-Bank has sought that the said money should not be released to JD-respondent No.1. The objections/application filed by the petitionerBank was dismissed by the learned executing Court vide impugned order dated 01.07.2015.
(3.) I have heard learned counsel for the parties and gone through the paper-book carefully.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.