Petitioner challenged civil jail order. Court found money recoverable from immovable property and directed petitioner to file affidavit disclosing assets before Execution Court in 30 days, then dispose of petition thereafter.
Directed petitioner to file affidavit disclosing assets within 30 days; Execution Court to proceed thereafter.
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2024:CGHC:43901
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WP227 No. 329 of 2022
Basant Kumar Tiwari S/o Late Nakchhed Tiwari Aged About 78 Years R/o Village Madwani, Tahsil Pathariya, Civil And Revenue District Mungeli Chhattisgarh. ... Petitioners.
versus
1 - Taiyyab Khokhar S/o Shri Vakar Khokhar, Aged About 40 Years R/o Near City Kotwali, Bilaspur, Tahsil Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh.
AJAY KUMAR DWIVEDI Date: 2024.11.13 10:45:51 +0530
| For Petitioner | : Mr. Vishvanath Prasad Shrivas, Advocate. |
|---|---|
| For Respondent No.1 | : Mr. Faiz Kazi, Advocate. |
| For Res No.2/State | : Mr. Santosh Soni, Govt. Advocate. |
SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J. Order On Board
12.11.2024
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12.10.2017, whereby, respondent No.1 was held entitled to receive the decretal amount from the petitioner.
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files an affidavit before the Execution Court stating all the details of assets held by him within a period of 30 days from today, the concerned Execution Court shall proceed in the matter, in accordance with law. Ordered accordingly.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
2 issues framed by the court
Whether a decree holder is entitled to arrest the judgment debtor when money can be recovered from immovable property.
Whether the High Court can direct the judgment debtor to disclose assets under Order 21 Rule 41(2) CPC before the Execution Court proceeds with civil prison proceedings.
2 provisions across 2 enactments
Basant Kumar Tiwari
Taiyyab Khokhar
State Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
