C.R. No.4631 of 2003 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4631 of 2003 (O&M) Date of Decision:05.05.2009 Rati Ram & others .......Petitioners Versus State of Haryana and others ....Respondents Present: Mr. Rajiv Sharma, Advocate for the petitioners. Ms. Kirti Singh, AAG, Haryana. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? -.- K. KANNAN J.(ORAL) 1. The revision petitioner challenges the order directing attachment of the property for balance of amount due to the decreeholder under an award in a land acquisition proceeding. While passing an order of attachment, the Court has literally accepted the contention of the decreeholder that the payments made by the Judgment Debtor- Government without any specific direction relating to appropriation of whether it should be credited towards the principal amount or interest or cost and hence the decreeholder was entitled to appropriate it in the manner he chose and by a proper calculation, money was still payable by the Judgement Debtor to the decreeholder. The Court was actually rejecting the contention of the Judgment Debtor in which Government's objection was that no amount was payable by the Judgment Debtor to the decreeholder and that the C.R. No.4631 of 2003 (O&M) -2- payments already made had gone to fully satisfy the decreeholder. 2. The revision is strange as it seeks to challenge an order which is in favour of the decreeholder. The decreeholder cannot be said to be an aggrieved person against an order of attachment on a finding that the decree has not been fully satisfied. The revision is clearly misconceived and it is dismissed, while still directing the Executing Court to proceed in execution and recover the amount in the manner known to law. The decree holder shall give a memo of calculation which shall be considered by the Executing Court at the time of passing orders. 3. Civil revision is disposed of in the above terms. (K. KANNAN) JUDGE May 05, 2009 Pankaj*