Mr. L.N. Mittal, J. (Oral) - CM No. 4260.C of 2012

Allowed as prayed for.

CM No. 4261.C of 2012

The application is allowed and Annexures P/1 to P/6 are taken on record subject to all just exceptions.

ESA No. 17 of 2012

Sunil Kumar objector having failed in both the courts below has filed this execution second appeal.

2. Suit filed by respondent no. 1 - plaintiff Central Bank of India against respondents no. 2 to 6 was decreed for recovery of money. Respondent no. 1 decree holder (DH) filed execution petition against respondent nos. 2 to 6 (Judgment Debtors – JDs) for execution of the decree. In execution proceedings, the disputed property was attached.

3. Appellant herein filed objections against attachment of the disputed property alleging that JDs have no right, title or interest in the disputed property. Appellant’s grand mother Ved Kumari (mother of respondents no. 4 and 5/JDs) had purchased the disputed property vide sale deed dated 20.7.1942 and became owner in possession thereof. She executed Will dated 26.8.1987 in favour of objector – appellant. She died on 11.2.1989 and thereupon objector appellant became absolute owner in possession of the property. Consequently