The Punjab and Haryana High Court has stayed the auction proceedings of Gymkhana, Rewari, ordered by the Executing Court-cum-Additional District Judge, Rewari.
The petitioner, HUDA (Haryana Urban Development Authority), through its counsel Arvind Seth has challenged the order, dated December 19, 2019, February 24, 2020, February 29, 2020 and September 16, 2020, passed by the Executing Court-cum-Additional District Judge, Rewari. The court ordered attachment of the HUDA property of Gymkhana, Rewari, and issued its warrant of sale worth Rs 2,26,55,001.
Advocate Seth argued that the debtors (HUDA) were directed to make the payment of decretal amount to the decree holders on or before January 15, 2020. The petitioner-authority, on acquisition of the land, deposited the entire compensation payable. There was an error in disbursement of the amount as some of the respondents were paid in excess of their share whereas payments payable to the remaining were found deficient. The counsel also brought to the notice of the court that in fact all the respondents are heirs of late Ram Chander. It was pleaded that the executing court ought to have either ordered transfer of the amount between the legal heirs or ordered restitution thereof before proceeding to attach and sell the property of the petitioner, which is wholly government-owned organisation.
After hearing the plea, a Bench of Justice Anil Kshetarpal issued notice to the respondents (decree holders) and the state of Haryana and also stayed further proceedings before the executing court.
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