Second appeal against attachment of property in execution proceedings. Appellant undertook to satisfy the money decree within three months. Property attachment stayed temporarily; appeal disposed off with liberty regarding adverse findings.
Stay of auction of attached property for three months pending deposit of decretal amount.
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Court No. - 53
Case :- SECOND APPEAL No. - 141 of 2020
Appellant :- Dropa Devi And 2 Others Respondent :- Om Prakash Sharma And 6 Others Counsel for Appellant :- Akanksha Mishra,Kshitij Shailendra
Hon'ble Vivek Agarwal,J.
After arguing at length, Sri Kshitij Shailendra, learned counsel for the appellants submits that appellants are willing to satisfy the money decree obtained by the defendant- Om Prakash Sharma in toto for which he prays for and is granted three months time from today to satisfy the decree passed in Original Suit No. 112 of 1994 instituted by Om Prakash Sharma (deceased) survived by his legal heirs no. 1/1 to 1/5 as per the terms and conditions of the decree i.e., the principal amount along with interest and cost as have been mentioned in the said decree.
On such undertaking as an interim measure, it is directed that for a period of three months from today i.e., till 05.05.2020, property of the appellant which has been attached shall not be put to auction to cover such decretal amount.
In case such amount is deposited, then appellant will move an appropriate application for release of his property before the concerned executing Court. That application shall be considered on its own merits.
As the appellant has given undertaking to deposit such decretal amount within three months, this appeal can be disposed off with a liberty to the appellant that any adverse findings recorded during the contest of objections raised by the appellants as to the attachment of their property may not come in their way in any independent proceedings, if instituted by the concerned parties.
With the aforesaid, appeal is disposed off.
Order Date :- 6.2.2020 Vikram/-
Drope Devi And 2 Others
Om Prakash Sharma And 6 Others
Vivek Agarwal
As recorded by the court registry
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