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2007 Supreme(P&H) 1110

SATISH KUMAR MITTAL
Dhanna Singh – Appellant
Versus
Bhagwant Kaur – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.K. Manchanda, Advocate.
For the Respondent:Mr. Vivek Goyal, Advocate.

JUDGMENT

Satish Kumar Mittal, J. - The judgment debtor has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 25.1.2007 passed by the Executing Court whereby the objections filed by the petitioner against the attachment of the shop in question on the ground that the said attachment is against the provisions of Section 60(1)(ccc) of the Code of Civil Procedure, have been dismissed.

2. In this case, undisputedly, a decree for the recovery of Rs. 1,55,000/- along with interest has been passed against the petitioner. In execution of the said decree, the shop in question measuring 4660 sq. ft. was attached. The petitioner filed objections to the effect that the said shop is part of his residential house, therefore, the same cannot be attached in view of the provisions of Section 60(1)(ccc) of the CPC. The Executing Court dismissed the said application while observing as under :-

"I have heard the learned counsel for the parties and have gone through the file. The list of property sought to be attached filed by the DH shows that one shop measuring 4660 sq. ft. situated at Bathinda Road near Hanuman Temple Jaitu has been given as property







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