The court dismissed a civil revision petition challenging attachment of property prior to judgment, holding the petitioner likely to dispose of the property due to lack of deposits and prior transfers.
Civil Revision No. 1787 of 2007 dismissed for lack of merit.
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 1787 of 2007
Date of decision: March 25, 2009
Nirbhai Singh and another
.. Petitioners
Vs.
Amar Singh and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Dinesh Gupta, Advocate for the petitioners. Mr. K.S. Boparai, Advocate for the respondents.
A.N. Jindal, J
Order dated 13.6.2003 (Annexure P-3) and 20.11.2006 (Annexure P-6), vide which the property of the petitioner measuring 23 kanals 1 marla comprised in Khewat No.405, Khatauni No.426, Khasra No.26//16-17-18, 31//11/1, was ordered to be attached before judgment under Order 38 Rule 5 of CPC has been put under challenge. The amount involved in the suit is to the tune of Rs.4,69,100/- along with interest.
While confronted the petitioner has neither agreed to deposit the amount in dispute along with interest or bank guarantee to that extent. Jamabandi (Annexure A-1) further reveals that the petitioner has been transferring the property by way of mortgage or otherwise from time to time and stay has been granted by the civil court qua some of the land, therefore, it is apparent that the petitioner is likely to dispose of the property in order defeat the decree, if any, passed against the respondents.
Resultantly, finding no merit in the petition, the same is
dismissed.
(A.N. Jindal) Judge
March 25, 2009 deepak
1 issue framed by the court
Whether civil revision petition challenging attachment of property should be dismissed when petitioner refuses to deposit disputed amount.
1 provisions across 1 enactments
Nirbhai Singh
Amar Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
