Dismissed

Prem Singh v. Shankar Dutt Pathak and Others

Uttarakhand HC3 May 2013CLR/49/2012

Case brief

AI extract

What is this about?

This civil revision was filed against orders rejecting objections to the attachment and sale of property in execution proceedings. The High Court found no illegality as the revisionist failed to produce title deeds or prove title to the attached property and dismissed the revision, vacating an interim order.

What did the court decide?

Civil Revision dismissed. Interim order dated 11.06.2012 vacated.

Prem Singh Vs Shankar Dutt Pathak and Others — Execution and Attachment | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND

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Civil Revision No. 49 of 2012

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Prem Singh, S/o Sri Chandra Singh R/o Village Khatima Rajiv Nagar Pargana Bilhari, Tehsil Khatima District Udham Singh Nagar

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……………. Revisionist

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Versus

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Sri Shankar Dutt Pathak

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S/o Sri Durga Dutt Pathak

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R/o Village Bandia, Tehsil and Post Kichha

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District Udham Singh Nagar

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……………. Judgment Holder/Respondent

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Sri Jeewan Chandra Pandey

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S/o Sri Raj Lochan Pandey

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Managing Director Isht Deva Housing Finance

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And Lodging Limited, Bareilly Road

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Old I.T.I Haldwani District Nainital

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Isht Deva Housing Finance and Lodging Limited

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Bareilly Road Old I.T.I Haldwani District Nainital

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Through its Managing Director Shri Jeewan Chandra Pandey S/o Sri Raj Lochan Pandey, Bareilly Road

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I.T.I. Haldwani, District Nainital

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…………… Judgment Debtors/Respondent

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Mr. Arvind Vashistha, Advocate, present for the revisionist. Mr. J.C. Pandey, Advocate, present for the decree holder/respondent.

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Hon’ble Prafulla C. Pant,J.

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Heard.

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This revision, preferred against the order dated 21.05.2012 passed by Executing Court (Civil Judge (Sr. Div.), Rudrapur) in Civil Miscellaneous Case No. 10 of 2011 whereby said court has rejected the application

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moved by the revisionist (third party) against the attachment and sale of the property. The revisionist has further challenged order dated 28.05.2012 passed by Executing Court in Civil Execution Case No. 14 of 2012 whereby the proclamation for sale and auction has been directed to be issued.

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Brief facts, of the case are that plaintiff/decree holder Shankar Dutt instituted a suit no. 84 of 1997 for recovery of money against defendants Jeewan Chandra Pandey and Isht Deva Housing Finance and Lodging Limited. Said suit was decreed on 20.08.2001 by Civil Judge (Sr. Div.) Rudrapur, for an amount of ` 6,15,414.46/‐ with interest there on.

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It appears that execution proceedings were initiated in the year 2002 before the trial court and plots owned by the judgment debtor situated in village Khatima were sought to be attached. Objections were heard under Rule 58 of Order 21 of the Code of Civil Procedure, 1908. However, several persons who were not judgment debtor also filed their objections. Some of said objections were allowed, as the judgment debtor had already sold before attachment part of his property (sought to be attached) to such persons. However, in respect of the remaining property which was attached

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in execution, the present revisionist claimed his occupation under independent rights.

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However, the revisionist/third party could not show any title deed relating to the property attached nor said property was recorded in his name.

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In the above circumstances, the Executing Court rejected the objections of the revisionist filed under Rule 58 of Order 21 and Rule 66 of Order 21 of the Code.

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I have gone through the impugned orders passed by the Executing Court, and after considering submissions of learned counsel for the parties, this Court is of the view that there is no illegality in the impugned orders. Therefore, this civil revision is dismissed. Interim order dated 11.06.2012 is hereby vacated.

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(Prafulla C. Pant, J.) 03.05.2013

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Parul

Prem Singh v. Shankar Dutt Pathak and Others

Case brief

What is this about?

What did the court decide?

Prem Singh v. Shankar Dutt Pathak and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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