Balwinder Singh Vs Ajmer Singh & Anr.

This petition has been filed against an order dismissing the objections of the petitioner filed under Order 21 Rule 58 CPC. The decree holder-respondent had filed an execution petition against the judgment debtor-proforma respondent No.2 for recovery of an amount of Rs. 1,28,730/- and sought to have the property in dispute sold on the ground that the same had been attached. The petitioner tool the plea that he had purchased the property. The Executing Court found that the property had been attached by order dated 13.7.2005 and that the sale deed had been executed on 14.7.2005 and thus came to the conclusion that the sale had been made only to frustrate the execution. Learned counsel has not been able to persuade me that this finding is vitiated.

¶19

Civil Revision No. 7427 of 2009 (O&M) 2

¶20

In the circumstances this revision petition is dismissed. It is, however, clarified that if the property is auctioned for an amount of money more than the decretal amount, the balance shall be paid to the petitioner.

¶21

Since the main case has been decided, the pending Civil Misc.

¶22

Applications, if any, stand disposed of.

¶23

(AJAY TEWARI) JUDGE

¶24

January 15, 2010 sunita

Balwinder Singh v. Ajmer Singh & Anr.

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Balwinder Singh v. Ajmer Singh & Anr.

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