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2004 Supreme(P&H) 1235

M.M.AGGARWAL
Sikandar Singh – Appellant
Versus
Harjit Pal Singh – Respondent


Advocates Appeared:
For the Petitioner:Shri I.S. Brar, Advocate.
For the Respondent:Shri S.K. Garg, Advocate.

JUDGMENT

M.M. Aggarwal, J. - This is a revision petition under Article 227 of the Constitution of India for setting aside order dated 12.11.2003 of the Court of Additional Civil Judge (Senior Division), Faridkot. Vide that order, the court had dismissed the objection petition filed by present petitioner Sikandar Singh who was Judgment Debtor.

2. From the perusal of the order in question it would appear that originally the suit for specific performance had been filed but ultimately in the Lok Adalat money decree for a sum of Rs. 1,00,000/- was passed on 23.10.1999 and according to the terms agreed, the decretal amount was to be paid in instalments. It was agreed that the decretal amount shall become recoverable by the sale of house in question. However, that decree remained unsatisfied and then execution proceedings started. There again the matter remained pending for compromise and then ultimately sale was effected.

3. The objection taken up by the J.D., now petitioner, was that it was a residential house and was exempted from attachment under Section 60(ccc) of the Code of Civil Procedure.

4. Counsel for the petitioner has relied upon a Division Bench judgment of this Court in V.P.





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