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2021 Supreme(HP) 653

SANDEEP SHARMA
SANTOSH KUMAR SOOD, S/O SH. SUKH RAM – Appellant
Versus
KUSHLA DEVI, D/O SH. AMAR NATH SOOD – Respondent


Advocates Appeared:
For The Appellant :MR. AJAY SHARMA, SENIOR ADVOCATE WITH MR. ATHARV SHARMA, ADVOCATE
For The Respondent:MR. KD.SOOD, SENIOR ADVOCATE WITH MR. MUKUL SOOD, ADVOCATE

ORDER :

Instant Civil Revision Petition filed under Section 115 of CPC, lays challenge to order dated 9.3.2020, passed by learned District Judge, Kangra at Dharamshala, District Kangra, H.P., whereby an Execution petition No.66/X/2018, having been filed by the petitioner-Decree holder (hereinafter referred to as the DH) under Order XXI Rules 11(2), 95 and 96 CPC, came to be dismissed.

2. For having bird’s eye view, certain undisputed facts as emerge from the record are that a civil suit bearing No. 3-P/1/95/90 for recovery of money having been filed by the Decree holder, Sh. Santosh Kumar Sood against the person namely, Sh. Amar Nath Sood came to be decreed for sum of Rs. 4,40,162/- alongwith interest at the rate of 12% per annum w.e.f. June 1987 vide judgment and decree dated 16.05.1997, passed by learned District Judge, Kangra, District Kangra, H.P. Decree holder filed an Execution petition for execution of aforesaid judgment and decree and therein filed an application for attachment of the property of the judgment debtor Sh. Amar Nath. In execution proceedings, warrants of att

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