Objections against property attachment must be timely and consistent; delay and contradictory claims undermine their validity under CPC.

JUDGMENT

Amit Bansal, J. (Oral)

EX.(OS) 1315/2021(u/O.XXI R-58 CPC)

1. The present application has been filed on behalf of the judgment debtor seeking to place on record objections under Order XXI Rule 58 of the Code of Civil Procedure, (CPC), 1908, against the attachment/sale of basement, ground floor and third floor with terrace rights of property bearing No. S-87, Greater Kailash, Part-II, New Delhi.

2. The facts leading to the filing of the present application by the judgment debtor are: (i) The suit bearing no. CS (OS) 172/2017 filed by the petitioner herein was decreed in the sum of Rs. 2,81,25,000/-along with interest @ 10 % by this Court on 13th April, 2018: (ii) the present execution petition was filed by the decree holder on 22th May, 2018 for execution of the decree dated 13th April, 2018: (iii) notice was issued in the present petition and an order of attachment of properties bearing no. S-87, Greater Kailash-II, New Delhi and E-107, Ground Floor, Greater Kailash-II, New Delhi, was passed by this Court on 16th July, 2018. Further, the judgment debtor was directed to file an affidavit of assets in terms of Order XXI Rule 41(2) of the CPC; (iv) objections were filed by the builders with whom the father of the judgment debtor had entered into a collaboration agreement for reconstruction of property bearing no. S-87, Greater Kailash-II, claiming to be the owner of the first and second floor of the said property ; (v) the said objection were allowed by this Court vide order dated 15th March, 2021 and the warrants of attachment issued in terms of first and second floor of the aforesaid property were withdrawn; (vi) objections were also filed by Ms. Suneeta Sehgal, sister of the judgment debtor, claiming to be 50% owner of the remaining share in the said property: (vii) subsequently an affidavit was filed by Ms. Suneeta Sehgal stating that she has no objection if this Court dispose of the share of the judgment debtor in the property subject to safe custody of her share in the property; (viii) an application was filed by the decree holder seeking proclamation of sale with respect to the share of the judgment debtor in the property bearing no. S-87, Greater Kailash-II, New Delhi; (ix) This Court vide order dated 29th October, 2021 allowed the application filed on behalf of the decree holder and fixed the schedule for proclamation and sale through auction of the half undivided share of the decree holder in the subject property to be conducted on 28th January 2022.

3. This application has been filed on 29th October, 2021 and by way of the said application, the judgment debtor seeks to place on record his objections premised on Section 60(1)(ccc) of the CPC. It is averred that the said property is the sole residential property of the judgment debtor and therefore, the same cannot be attached in terms of Section 60(1)(ccc). In this regard reliance is placed on the affidavit of assets filed on behalf of the judgment debtor on 19th November, 2018 wherein the residential address of the judgment debtor is shown as E-107, Greater Kailash, Part-II and in the list of assets only one residential property, being No. S-87, Greater Kailash, Part-II, New Delhi, is shown.

4. Counsel for the judgment debtor submits that this property was subject matter of the Collaboration Agreement between the builder M/s. JPMG Enterprises (hereinafter `builder') and the father of the judgment debtor in terms of which first floor and second floor of the aforesaid property went to the share of the builder whereas the basement, ground floor and third floor along with terrace righ