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2020 Supreme(P&H) 769

ANIL KSHETARPAL
Gurmeet Kaur – Appellant
Versus
Meena Kumari – Respondent


Advocates Appeared:
Mr.G.K.Moudgil, Advocate for the Appellant; Mr.A.K.Goel, Advocate for respondents

JUDGMENT

Anil Kshetarpal, J. (Oral) - Gurmeet Kaur (judgment debtor in the award passed by the Motor Accident Claims Tribunal dated 3.1.2008) is in revision against the order passed by learned Executing Court directing attachment and sale of the property owned by her.

2. Learned counsel for the petitioner submits that as per Section 60(ccc) of the Code of Civil Procedure the only self occupied residential house cannot be attached and sold in execution of a money decree.

3. On the other hand, learned counsel for the respondents while referring to the judgment passed by this Court in the case of 'Prem Chand vs. Akash Deep and another' (CR-2000-2012 decided on 4.2.2013) has submitted that protection under Section 60(ccc) CPC shall not be applicable with respect to the award passed by the Motor Accident Claims Tribunal. He, hence, submits that there is no force in the submission.

4. This Court has considered the submissions. In the judgment passed in the case of Prem Chand (supra), it has been held as under:-

    "4. All this becomes only academic, for in respect of recovery of amount under the very same award, it appears that the same objection appears to have been taken before the Executi

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