Civil Revision No.5189 of 2011 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Civil Revision No.5189 of 2011 Date of Decision:-16.11.2011 Sukha @ Sukhwinder Singh. ......Petitioner. Versus Karnail Singh & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. Radhe Shyam Sharma, Advocate along with Petitioner in person. Mr. G.K. Chawla, Advocate along with Respondent no.1 in person. *** JASWANT SINGH, J.(ORAL ) Judgment Debtor/owner of the offending vehicle(hereinafter referred to as the petitioner) has filed the instant revision petition under Article 227 of the Constitution for setting aside the impugned order dated 10.06.2011(P-3) passed by learned MACT, Fatehabad whereby his prayer for setting aside the sale certificate, qua his attached land, in favour of respondent no.1 has been dismissed despite no objection of Karnail Singh-respondent no.1/auction purchaser. It is averred that respondent nos.2 to 5 filed a claim petition before MACT Fatehabad seeking compensation on account of death of Gurmail Singh in a motor vehicular accident. Said petition was allowed and vide order dated 01.02.2006 award for a sum of Rs.4,66,000/- along with interest at the rate of 9% per annum was passed in favour of respondents no.2 to 5-decree holders. For execution of the awarded amount the land of the petitioner was attached and put to auction whereby respondent no.1 Karnail Singh purchased the same and a sale certificate was issued in his favour. The amount deposited by respondent no.1- Civil Revision No.5189 of 2011 #2# auction purchaser was disbursed to the claimants. It is further averred that since there were some mistakes in the Khasra/khewat numbers of the land shown in the sale certificate, Karnail Singh respondent no.1-auction purchaser filed an application seeking correction of the said mistakes. It appears that in the meanwhile compromise took place between the petitioner/JD and respondent no.1-auction purchaser whereby the petitioner/JD to save his land paid the entire amount spent by the respondent no.1-auction purchaser along with some interest. Accordingly in the pending application preferred by respondent no.1 Karnail Singh for correction of khasra numbers in the sale certificate, a statement was made by Karnail Singh that he had no objection if the sale certificate was set aside and the attached land of petitioner Sukha @ Sukhwinder Singh be released to him. However, the learned trial Court vide impugned order dated 10.06.2011 declined such a prayer while ordering the issuance of fresh sale certificate with correct khasra numbers in favour of respondent no.1 Karnail Singh, with further direction to refund the excess amount of Rs.15,860/- to petitioner/JD being in excess of the awarded amount of compensation. Hence the present revision petition. Learned Counsel for the petitioner submits that keeping in view the aforesaid peculiar facts of the case, the impugned order dated 10.06.2011(P-3) deserves to be set aside and the attached land of the petitioner be released to him. Learned Counsel for the respondent no.1-auction purchaser does not refute the plea raised on behalf of the petitioner. After giving anxious thoughts to the facts of the present case and taking a holistic view this Court is inclined to accept the plea raised on behalf of the petitioner/JD. Both the parties have appeared and got their statements recorded in terms of the compromise. Respondent no.1 Karnail Singh-auction purchaser has suffered statement to the following effect:- “That I do not want to pursue my application filed before Civil Revision No.5189 of 2011 #3# the MACT Fatehabad for correction of Khasra numbers in the sale certificate and to the effect that certificate of confirmation of auction sale be issued in my favour as I have received the total payment of the amount paid in auction along with interest from Sukha @ Sukhwinder Singh(petitioner/JD). I also do not have any objection if the land purchased by me in auction is released in favour of original owner i.e. Sukha @ Sukhwinder Singh. I also do not have any objection if the sale certificate issued in my favour is set aside”. In view of the aforesaid statement suffered by respondent no.1 Karnail Singh, present revision petition is allowed and impugned order dated 10.06.2011(P-3) directing the issuance of fresh sale certificate with correct khasra numbers in favour of respondent no.1 Karnail Singh is set aside. It is directed that the excess amount of Rs.15,860/- lying deposited with the MACT Fatehabad shall be refunded to Karnail Singh while attached and sold land of Sukhwinder Singh shall be restored and released in favour of petitioner Sukha @ Sukhwinder Singh. Disposed of accordingly. ( JASWANT SINGH ) JUDGE November 16, 2011 Vinay