IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 4296 of 2007 (O&M) Date of Decision: 16.2.2009 State of Punjab and others ....Petitioners Versus Kulwant Singh ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. B.B.S. Teji, AAG Punjab. Mr. R.S. Rangpuri, Advocate for respondent. RAJESH BINDAL J **** Learned counsel for the parties are not in dispute that before putting the property of the petitioners to sale, the objections filed by the petitioner before the Executing Court had not been decided. It is a case where the Civil Court passed a decree on May 20, 1995 in favour of respondent directing the petitioner to consider his case for regularization from the date it was due, if found otherwise eligible as per the norms of the Government. In the execution proceedings the stand of the petitioners is that they have complied with the judgment and decree by passing the regularization order w.e.f. 12th March 1991. However, the claim of the respondent/decree holder is that he is entitled to arrears also for the intervening period which have not been paid. The petitioners are objecting to this claim of the respondent/decree holder. But before finally adjudicating upon the objections filed by the petitioner/judgment debtors their property has been attached and is being put to auction, which cannot be done, unless the Court comes to the conclusion that the objections filed by the plaintiffs/judgment debtor are not tenable in law, then only steps to put the property to auction can be taken. Accordingly, the impugned order dated June 13, 2007 passed by the learned Court below is set aside. It is further directed that the objections filed by the petitioners be decided expeditiously. The revision petition is disposed of. Parties through their counsel are directed to appear before the Executing Court on March 9, 2009 for further proceedings. (RAJESH BINDAL) 16.2.2009 JUDGE Reema