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2022 Supreme(HP) 634

VIVEK SINGH THAKUR
Sandeep Sethi, S/o. Shri Ashok Sethi – Appellant
Versus
Nidhi Kuthiala, W/o. Sh. Ramit Kuthiala – Respondent


Advocates Appeared:
For the Petitioner:Shri Navneet Kumar Bhalla, Advocate.
For the Respondent:Mr. Rajesh Kumar Parmar, Advocate, Mr. Kush Sharma Advocate For Applicant/Objector Shri Ramit Kuthiala.

ORDER :

1. By way of this application, Ramit Kuthiala, husband of Judgment Debtor Nidhi Kuthiala, has filed objections under Orders 21 Rule 97-101 of Code of Civil Procedure against execution of judgment and decree dated 19.9.2019 passed by this High court in COMS No. 35 of 2018, titled Sandeep Sethi, vs. Nidhi Kuthiala.

2. Facts emerging from the record are that vide sale deed dated 7th August, 2012, Radha Krishan Kuthiala sold suit property to Nidhi Kuthiala wife of Ramit Kuthiala son of Shri Rajiv Kuthiala for consideration of Rs.2,40,00,000/- after receiving consideration through various cheques, detailed in sale deed, and property was transferred in favour of Nidhi Kuthiala to have and hold the suit property as an absolute owner thereof from the date of execution of sale deed along with all rights of easement, paths, passages, liberties and advantages wheresoever appertaining or occupied or enjoyed with the suit property, and legal and physical possession of property was also handed over to Nidhi Kuthiala. It was mentioned in sale deed that there was one occupant/tenant Dr.I.N. Verma on the top floor of suit property and Nidhi Kuthiala was entitled to take rent from or to seek

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