KAMLESH Vs. NARESH AND ANR
LAWS(P&H)-2010-10-392
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 29,2010

KAMLESH Appellant
VERSUS
NARESH AND ANR Respondents

JUDGEMENT

- (1.)Present petition is filed challenging the order dated 13.05.2009 passed by learned Additional Civil Judge (Senior Division), Safidon, whereby the objection raised by the petitioner/judgment debtor was rejected.
(2.)The brief facts of the present case are that respondent filed suit under Section 7 read with Section 25 of the Guardians and Wards Act in the Court of Additional Civil Judge (Senior Division) Safidon (Jind). The petitioner - judgment debtor - defendant has appeared before the Trial Court and has raised objection about the territorial jurisdiction of Safidon (Jind) Court on the ground minor is residing at Village Bahu Jamalpur, District Rohtak, hence, Court at Safidon, District Jind has absolutely no territorial jurisdiction. However, overruling the objection on territorial jurisdiction, suit was ultimately decreed in favour of the plaintiff-respondent herein. Thereafter, respondent - decree holder moved execution which was registered at Execution No. 24 of 2006. In the execution, once again defendant - judgment debtor - petitioner herein raised similar objection about the territorial jurisdiction of the Court at Safidon, District Jind. Learned Executing Court has rejected the objection raised by the judgment debtor - petitioner herein vide impugned order.
(3.)I have heard learned Counsel for the petitioner and perused the record.


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