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PURUSHAINDRA KUMAR KAURAV
Sushmita Bhowmick – Appellant
Versus
Sonia Nagar, D/o. Late Shri S. K. Bhasin – Respondent
JUDGMENT :
(Purushaindra Kumar Kaurav, J.)
1. This appeal, under Order XXI Rule 58(4) of the Code of Civil Procedure, 1908 (CPC) read with Sections 100 and 151 of the CPC, seeks to challenge the impugned order dated 06.05.2023, whereby, the first Appellate Court dismissed the appeal preferred by the appellant/judgment-debtor against an order dated 16.12.2021 passed in EX No.5061/2016 by JSCC Cum ASCJ Cum GJ, South East District, Saket Courts, New Delhi, dismissing application of the appellant/judgment-debtor.
2. The facts germane in the instant appeal are that the respondents/decree-holders instituted a suit for eviction against the appellant/judgment-debtor herein, which came to be decreed in their favour on 24.04.2017. Respondent No.1 then filed an execution petition in furtherance of the judgment and decree dated 24.04.2017, against the appellant/judgment-debtor. On 24.04.2017, the Executing Court issued warrants for possession and attachment, returnable on 26.05.2017 and on 01.05.2017 a bailiff was appointed with specific instructions that, should the suit premises be found locked, the bailiff was authorized to break open the locks. Additionally, the bailiff was empowered to obta
The court upheld the execution of a decree for eviction, finding the appellant's objections to be vexatious and without merit, emphasizing the need to discourage frivolous challenges to execution pro....
The Court affirmed that objections in execution proceedings must be based on valid claims, dismissing frivolous claims and emphasizing the integrity of judicial records.
The court established that claims to property under execution must be substantiated by valid title and cannot be used to delay proceedings.
Point of Law : An assertion that records have been tampered with is a serious charge which must necessarily be proved with the aid of cogent material and evidence.
(1) To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, Court must play an active role in deciding all such related issues to the ....
Amendments to execution petitions may correct defects; simultaneous execution against debtor's person and property allowed under judicial discretion per CPC.
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
The issuance of an arrest warrant against a judgment debtor must follow due process, including a proper application stating grounds for arrest, as mandated by relevant CPC provisions.
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