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DEEPAK GUPTA
Daljit Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
Under Challenge is the order dated 25.02.2000 passed by the Appellate Court of ld. Additional District Judge, SAS Nagar, Mohali in Civil Appeal No.6 of 2018, dismissing the appeal against the order dated 27.09.2018 of ld. Executing Court, whereby the objections filed by the Judgement Debtors (petitioners herein) in execution case No.183 of 2014, were dismissed.
2. The facts in brief, relevant for the purpose of disposal of this appeal, are that Civil Suit No.1041 of 2004 titled 'State of Punjab through Executive Engineer v. Smt. Daljit Kaur Sodhi and others' for recovery of Rs. 4,42,389/- with interest was decreed by the Court of ld. Additional Civil Judge (Sr. Division), Patiala vide judgment & decree dated 24.07.2007 (Annexure A-1), although it was made clear that recovery of the decretal amount shall be effected from the estate of deceased Harbhajan Singh Sodhi (husband of defendant No. 1 and father of defendants No.2 & 3 - petitioners-JDs herein). In order to realize the decretal amount, execution petition was filed by the decree holder -State of Punjab, during which House No.1790, Phase V, Mohali owned by JD No.1/petitioner Smt. Daljit Kaur Sodhi w
Proceeds from a life insurance policy are exempt from attachment under Section 60(kb) of the CPC, and the decree-holder must prove inheritance of the property from the deceased.
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
Point of Law : Executing Court cannot go beyond the decree except when the decree is nullity or is without jurisdiction as Executing Court has no jurisdiction to modify the decree, but it has to exec....
A decree established in a suit under Order XXI does not automatically nullify an execution sale where necessary parties are not included, reaffirming the principles of execution law.
A fiduciary must not convert their position for personal gain, and insurance benefits cannot be attached in light of the applicable exemption laws.
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
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