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2016 DIGILAW 1216 (PNJ)

CHANDIGARH ADMINISTRATION v. SANJAY MAJITHIA

2016-04-27

DARSHAN SINGH

body2016
JUDGMENT : Darshan Singh, J. The present revision petition has been preferred against the order dated 26.10.2015 passed in the execution proceedings by learned Civil Judge (Senior Division), Chandigarh (hereinafter called the 'executing Court'), vide which the learned executing Court has ordered the attachment of the property of petitioner Chandigarh Administration/JD No.1, and against the warrant of attachment dated 03.11.2015 issued by learned executing Court, vide which the vehicles belonging to the Chandigarh Administration, Chandigarh have been attached. 2. Learned counsel for the petitioner contended that the learned executing Court has attached the vehicles of the Chandigarh Administration/JD in an illegal manner which has resulted into loss to the Chandigarh Administration. The action of the learned Civil Judge (Senior Division), Chandigarh attaching the said vehicles was wholly illegal, that can be ascertained in the present revision petition. 3. On the other hand, learned counsel for the respondent contended that the present revision petition has become infructuous. It was even infructuous at the time of filing the revision petition. The attachment was already recalled and the vehicles were released to the JD/Chandigarh Administration on 16.11.2015. They contended that even the execution petition has been disposed of by the learned executing Court. Thus, they contended that the present revision petition has been rendered infructuous. 4. I have duly considered the aforesaid contentions. 5. The facts disclosed by the learned counsel for the respondent could not be disputed at bar by learned counsel for the petitioner that even before the filing the present petition, the attachment was already released and even the attached vehicles were released to the JD on 16.11.2015. This fact has also not been disputed that even the main execution has already been disposed of by the learned executing Court. So, when the attachment order is no more in existence and the attached vehicles have already been released to the petitioner/JD, so the present revision petition has been rendered infructuous and the same is hereby dismissed as such.