C.R. No.3625 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3625 of 2010 (O&M) Date of Decision: 28.6.2010 Gurinder Singh ……Petitioner VERSUS Ranjit Singh and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. P. S. Kanwar, Advocate for the petitioner. ALOK SINGH, J. (ORAL) This is a revision petition impugning the order dated 11.3.2010 passed by the Executing Court in Execution No.39 of 2006, thereby dismissing the objection of the petitioner. Brief facts of the present case are that the suit for specific performance was decreed. Execution proceedings were pending and during the pendency of the execution proceeding, present petitioner alleges to have purchased the disputed property from one of the Judgment Debtor. Petitioner wants to resist execution of the decree on the ground that no decree can be executed against him. Learned Counsel for the petitioner has placed reliance on C.R. No.3625 of 2010 -2- the judgment of this Court in the matter of Gram Panchayat, Hassanpur vs. Jagdish Chand & ors. reported in 2008(1) Civil Court Cases 364 and argued that even purchaser from the Judgment Debtor would be a third party hence his objection would be dealt with in accordance with the provisions prescribed under Order 21 Rule 97 C.P.C. Undisputedly, present petitioner has purchased the property in dispute from one of the judgment debtor. Judgment Debtor contested the suit. Any person who is purchasing property during the pendency of the execution from the judgment debtor can not be said to be a third party and is not entitled to resist the decree on the grounds which were not available to the Judgment Debtor. Revision petition lacks merit, hence, the revision petition is dismissed. ( ALOK SINGH ) 28th June, 2010 JUDGE ashish