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2023 Supreme(P&H) 1147

ARCHANA PURI
Bassiarkh Rice Mills – Appellant
Versus
Punjab State Warehousing Corporation – Respondent


Advocates appeared:
Mr. Himanshu Puri, Advocate for Mr. Sunny K. Singla, Advocate for the petitioners.
Mr. M.S. Batth, Advocate for the respondents.

ARCHANA PURI, J.

1. Challenge in the present petition is to the order dated 01.12.2016 passed by learned Court below, thereby, directing the Tehsildar concerned, to transfer the ownership of the attached property, in the name of decree holder, vis-a-vis, the satisfaction of the decree dated 21.01.2013.

2. During the pendency of the execution petition for seeking recovery of Rs.44,10,440/-, as detailed in the application, on the basis of the judgment and decree dated 21.01.2013, an application was filed by the decree holder for seeking transfer and enter sale in the name of the decree holder of attached property, wherein, it was specifically stated that nobody is ready to bid the auction of the attached property/to purchase the attached property and in view of the same, a prayer was made for the transfer of the same, in the name of decree holder.

3. Learned counsel for the parties heard.

4. Perusal of the impugned order reveals that in spite of warrant of sale of the attached property having been issued, the Court concerned had directly, in view of the application so filed, written a letter to the Tehsildar concerned, to transfer the ownership of the attached property, in the name of de

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