A party's property share cannot be executed for an award they are not party to, safeguarding ownership rights in execution proceedings.

J U D G M E N T

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The petitioner has approached this Court seeking directions to the respondents not to attach the undivided share of the petitioner in the property covered by Ext.P4 in execution of Ext.P1 award. It is stated that in execution of the Ext.P1 award, revenue recovery proceedings have been initiated and the property jointly owned by the petitioner and her husband is being proceeded against. The petitioner has produced Ext.P4 sale deed dated 2.7.2015 and contends that the petitioner is a joint owner of the property and her share in the property cannot be proceeded against in execution of Ext.P1 award since the award is subsequent and the petitioner is not a party to the said award.

2. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the opinion that in the light of the documents produced, the petitioner's share in the property which is conveyed by Ext.P4 sale deed cannot be proceeded against in execution of Ext.P1 order. It is seen that the sale deed, by which the property was acquired is executed on 2.7.2015 and the award is dated 29.7.2017. The petitioner is not a party to Ext.P1 award. In that view of the matter, there will be a direction to the respondents not to proceed against the undivided share of the petitioner in the property covered by Ext.P4 in execution of Ext.P1 order. It is made clear that the execution with regard to the petitioner's husband can be continued, in accordance with law.

The writ petition is ordered accordingly.