Vinod Kumar vs Narender Kumar - 2024 Supreme(P&H) 345

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 345

ANIL KSHETARPAL
Vinod Kumar – Appellant
Versus
Narender Kumar – Respondent

Advocates Appeared:
For the Appellant :Mr. Munish Jolly, Advocate
For the Respondent:Mr. Keshav Pratap Singh, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. By this order, two connected revision petitions i.e CR-7284-2023 and CR-6372-2023 shall stand disposed of.

2. The Executing Court passed two orders; one rejecting the judgment debtor’s objection petition qua the attachment of the residential house and by second order, the objection to his warrants of arrest have been dismissed.

3. Learned counsel representing the petitioner contends that in accordance with Section 60(1) (ccc) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) attachment of the only residential house is exempted. He contends that his only house cannot be sold in order to recover the money decree.

4. On the other hand, the learned counsel representing the respondent has produced a photocopy of the order passed by the First Appellate Court, which passed the decree.

5. It is evident that the decree-holder had filed a suit for the specific performance of the contract and for possession. There was an agreement to mortgage the land. The specific performance of the aforesaid agreement was sought. In the aforesaid suit, the court granted the alternative relief of the recovery of the amount.

6. Thus, the suit property is not ex

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