CR No.6890/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.6890/2010(O&M) Date of decision: 16.08.2011 Jage Ram @ Jage Singh ....................Petitioner v. Hardwari Lal .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.PC Goyal,Advocate for the petitioner. Mr.Sanjay Mittal,Advocate for the respondent. Jaswant Singh.J.(Oral) Petitioner/JD has filed the instant revision petition under Article 227 of the Constitution praying for setting aside the order dated 1.10.2010 passed by learned Additional Civil Judge (Senior Division) Kosli whereby warrant of sale of the property of JD has been issued. The order dated 1.10.2010 had been challenged by the JD/petitioner on the ground that sufficient time had not been given by the learned Additional Civil Judge (Senior Division) in finalising the auction and no opportunity has been given to the petitioner/JD to deposit the decretal amount before the executing court. While issuing notice of motion a Co-ordinate Bench of this Court had passed the following order dated 18.10.2010:- CR No.6890/2010(O&M) 2 “Learned counsel for the petitioner submitted that the petitioner is ready and willing to pay the amount due to the respondent in terms of the decree passed in his favour along with such costs of litigation as court may consider appropriate within 30 days from today. He could not pay the amount earlier because of certain unavoidable circumstances. Notice of motion for 1.12.2010. Considering the statement made by the learned counsel for the petitioner on the instructions of the petitioner who is present in person, the petitioner is granted one opportunity to pay the decretal amount to the respondent/decree holder. The auction proceedings as scheduled vide order dated 1.10.2010, shall remain stayed, however, it shall be subject to the condition that the petitioner shall pay a sum of Rs.50,000/- on or before the next date of hearing before the court below i.e. 29.10.2010 and the balance decretal amount along with costs as may be imposed by the Court on or before 22.11.2010 which shall CR No.6890/2010(O&M) 3 be fixed as next date of hearing by the learned court below.” At the time of hearing today learned counsel for the petitioner has not been able to show that despite the lapse of ten months the petitioner has paid even a single penny, as undertaken by him at the time of issue of notice of motion. This shows that the present revision petition has been filed only to delay the execution proceedings. In this view of the matter, in my opinion, no further indulgence is warranted and the present revision petition is liable to be dismissed. Ordered accordingly. 16.08.2011 (Jaswant Singh) joshi Judge