JUDGMENT

Manoj Kumar Ohri, J. (Oral)

CM.APPL No. 24079/2023 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

FAO No.116/2023 & CM. APPL. No. 24080/2023

1. By way of present appeal filed under Order XLIII CPC, the appellant seeks to assail the order dated 11.04.2023 passed by the learned Trial Court in Execution Petition No.23555/2016 whereby the Objections filed by the appellant under Order XXI Rule 90 CPC challenging the sale of property, put up for auction pursuant to the order passed by the execution court below was dismissed.

2. The said Execution Petition was filed to execute judgment and decree dated 01.02.2012 passed in Civil Suit bearing No.41/2010. The decree passed was a money decree for a sum of Rs.6,25,000/alongwith 12 % interest w.e.f. 22.12.2010 till realization, the execution of which was sought. The record reveals that execution court ordered sale of property bearing Nos.707-708, Double Storey, New Rajinder Nagar, Delhi-110006 i.e., the property held by JD by way of an auction. A Court Auctioneer was appointed, who issued a sale proclamation dated 29.08.2022 laying down conditions for sale. The reserved price of the suit property was