IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5670 of 2009 Date of decision: 23.5.2011 Municipal Council,Jind … Petitioner versus Chander Bhan and others ... Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Raman B.Garg, Advocate, for the petitioner Mr. Amit Kumar Jain, Advocate for the respondents. ... ARVIND KUMAR, J: The present petitioner is one of the judgment-debtors in the execution proceedings filed by the decree-holder Chander Bhan. Petitioner is aggrieved with the order dated 12.5.2009 passed by the Additional Civil Judge(Sr.Division), Jind, whereby while dismissing the objections, the petitioner has been directed to make payment of Rs.2,21,788.35 along with future interest at the rate of 6 per cent per annum thereon till realization. Heard. The impugned order indicates that the decree has been satisfied qua JD Nos. 2 and 3, namely, Municipal Committee, Safidon and Municipal Committee, Julana and the outstanding dues are only qua JD No.1 –Municipal Council, Jind, i.e. the present petitioner. Counsel for the petitioner-JD contends that the petitioner had paid a sum of Rs.1,63,478/- in the year 2002 and Rs.22819/- in the year 2005 and as such, further liability of Rs.2,21,788.35 is without any basis. Counsel for the decree-holder has also not been able to satisfy as to whether the said paid amount has been adjusted or not. There is also no reference in this regard in the impugned order. This may be due to the reason that the C.R. No. 5670 of 2009 -2- present petitioner in the objections have not mentioned the said amount having been paid to him in the years 2002 and 2005 respectively. In this back-drop of the facts, the impugned order is set aside and the case is remitted to the executing Court who shall decide the matter afresh,after taking calculations from both sides, expeditiously preferably within a period of eight weeks without being influenced by any of the observations made hereinabove. Parties through their counsel are directed to appear before the executing Court on 3.6.2011. The revision petition stands disposed of accordingly. May 23, 2011 ( ARVIND KUMAR ) JS JUDGE