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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Mala Welfare Society through its Secretary namely Deepmala Kumari, W/o Sri Manoj Kumar – Appellant
Versus
Punit Rabidas, S/o Late Raghu Das – Respondent
ORDER :
GAUTAM KUMAR CHOUDHARY, J.
1. The petitioner has filed the instant civil misc. petition under Article 227 of the Constitution of India for quashing the order dated 24.06.2025 passed in Execution Case No. 01/2024, arising out of Money Suit No. 04/2020, whereby and whereunder, direction has been passed for issuance of sale certificate in favour of opposite party no. 1/decree holder.
2. Brief facts, leading to the present case, are that the aforementioned money suit was filed by opposite party no. 1 for decree of Rs. 29,49,000/- impleading Manoj Kumar, Proprietor of Madam Mala Institute of Hotel Management, District Hazaribagh. The said suit was decreed ex-parte vide judgment dated 30.06.2023 and the said judgment and decree attained finality.
3. The execution case was filed under Order XXI Rule 10 of CPC. The description of movable and immovable property of the petitioner society situated in Village-Banahappa, P.S.-Mufassil (Sadar), P.S. No. 212 and Dist.-Hazaribagh was given as detailed in Schedule A which is descripted as under:
| Khata No | Plot No. | Area (in acres) |
| 36 | 1740 | 1.04 |
| 11 | 1715 | 0.54 |
| 1 | 1714 | 0.94 |
4. The main contention of the petitioner is that the property, in question was not exclusive
The right to contest an attachment order remains valid even after a sale certificate is issued, provided objections are made before the sale is made absolute.
Order 21 Rule 58(1) of CPC reads adjudication of claims to, or objections to attachment of, property.
An order of attachment cannot be a bar to register a document, and the sale of a subject property pending the order of attachment is void only as against the claims enforceable under the order of att....
The rights of an innocent third party purchaser and the timing of property transactions are protected under Section 64(2) CPC.
A claim under Order 38 Rule 10 of C.P.C is maintainable after the suit is decreed, and the attachment before judgment continues after the decree, adjudicable under Order 21 Rule 58 of C.P.C.
Auction of assigned property is void under the Assignment Act, 1977; however, failure to prove irregularity in auction leads to dismissal of claims.
The central legal point established in the judgment is the importance of protecting the rights of third parties, such as bona fide purchasers, under the provisions of the Civil Procedure Code.
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