IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5875 of 2010 Date of Decision: 08.10.2010 Kashmir Singh .... Petitioner Versus State Bank of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Vajir Singh, Advocate for Mr. Harkesh Manuja, Advocate for the petitioner Mr. Ashok Gupta, Advocate for the respondents ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 4.9.2010 passed by Executing Court thereby directing civil imprisonment against the judgment debtor - petitioner. The brief facts of the present case are that suit for recovery was decreed in favour of the plaintiff decree holder/respondent – Bank vide judgment and decree dated 2.6.2005. Learned Civil Judge (Sr. Divn.) Panipat has observed in the judgment dated 2.6.2005 that if the defendant fails to make payment of the decretal amount within a period of six months then the plaintiff shall be entitled to recover the same by way of sale/auction of the hypothecated and mortgaged property. Learned Executing Court vide impugned order has directed civil imprisonment of the judgment debtor. Having heard learned counsel for the parties and having perused the record and photostat copy of the judgment dated C.R. No. 5875 of 2010 2 2.6.2005, I am satisfied that decretal amount shall be recovered by auctioning/sale of the mortgaged and hypothecated property as observed by the trial Court vide judgment dated 2.6.2005. There is no question of sending the judgment debtor in civil imprisonment. However, it is made clear that if decree does not stand fully satisfied by auction/sale of the property as directed vide judgment dated 2.6.2005 then Executing Court shall be at liberty to proceed against the judgment debtor in accordance with law for recovery of the balance decretal amount. Petition stands disposed of in the above terms. (ALOK SINGH) 08.10.2010 JUDGE reena