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2023 Supreme(Del) 3858

MANMEET PRITAM SINGH ARORA
Narender Kumar – Appellant
Versus
Kanchan Batra – Respondent


Advocates appeared:
Mr. Sahil Nagpal, Advocate with Petitioner No.1 in person.
Ms. Sangeeta Chandra, Advocate (DHCLSC), for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 42707/2023 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 1333/2023 & CM APPL. 42706/2023

1. This petition filed under Article 227 of the Constitution of India, impugns the order dated 04.08.2023 passed by the ADJ-02, East District, Karkardooma Courts, Delhi (`Executing Court') in Ex. No. 43/2023, titled as Narender Kr. Anand & Anr. v. Kanchan Batra, whereby the Executing Court issued warrants of attachment against the movable assets of the Judgment Debtor i.e., the Respondent herein.

2. The Petitioner herein is the decree holder and the Respondent herein is the judgment debtor before the Executing Court in Ex. No. 43/2023.

3. The learned counsel for the Petitioner states that the Petitioner herein has filed an application under Order 21 Rule 42 of the Code of Civil Procedure, 1908 (`CPC') seeking attachment of both movable and immovable properties of the Judgment Debtor. He states that the details of the immovable properties is duly enlisted at paragraph 3 therein.

3.1. He states that during the pendency of the suit proceedings, the Trial Court vide order

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