C.W.P.No.595 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.595 of 2010 Date of Order: 15.9.2011 Balkar Singh .....Petitioner Vs. Punjab National Bank and another .....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Divyadeep Walia, Advocate for the petitioner. Ms. Harpreet Kaur, Advocate for the respondents. HEMANT GUPTA, J (ORAL) The petitioner has invoked the jurisdiction of this Court challenging the notice of possession dated 2.1.2010 (P.4) in the present writ petition filed under Article 226 of the Constitution,on the ground that the property of the petitioner cannot be put to sale in execution for the default committed by one Balram Sharma. It is pointed out that the petitioner purchased a house measuring 110 sq. yards i.e 2/321th share i.e 0-2 biswas from one Gaurav Jain vide sale deed dated 12.10.2004. The plot of the house comprises in Khewat Khata No.324/1036, Khasra Nos.3540/720 (7-5), 721 (6-16), 723 (2-0) i.e to be 16 bighas 1 biswa. On the other hand, said Balram Sharma also purchased a house on the plot measuring 100 sq. yards in the same khasra number vide sale deed dated 30.12.2003. It is admitted that the petitioner though has availed loan from the respondents-Bank but he is not a C.W.P.No.595 of 2010 #2# defaulter. It is said Balram Sharma, who has defaulted and against whom recovery proceedings have been initiated by the Bank. Having heard learned counsel for the parties, we find that it is for the Bank to identify and verify the property of the defaulter. Without adjudication of the property of the defaulter, the property of other co-sharers such as the petitioner cannot be put to sale. Bank has also filed an application bearing C.M.No.12837 of 2011 for appointment of Local Commissioner for identification/verification of the immovable property. It shows that property of the defaulters has not been identified and demarcated. In view of the above, we dispose of the present writ petition with a direction to the respondents-Bank to demarcate the property of the defaulter itself or seek the relief from the competent authority concerned to take action against the defaulter in accordance with law. However, the property of the petitioner cannot be put to sale in execution of warrants of possession obtained against Balram Sharma. Writ petition disposed of accordingly. ( HEMANT GUPTA ) JUDGE September 15, 2011 ( JASWANT SINGH ) manoj JUDGE