LAWS(CHH)-2011-3-42

TEJRAM PATEL Vs. AMRIT LAL PATEL

Decided On March 10, 2011
TEJRAM PATEL Appellant
V/S
AMRIT LAL PATEL Respondents

JUDGEMENT

(1.) THE order of attachment of tractor bearing registration No. CG.06-ZX 0901 and trolley No. CG.06-ZX 0902 by the Executing Court in Execution Case No. 1-B/2004 is under assail by way of instant petition.

(2.) FACTS of the case according to the petitioner are that respondent No. 1/decree holder filed a money suit against judgment debtor Horilal. The suit was decreed. In execution, learned court below attached the tractor and trolley in question.

(3.) THEREFORE, the order impugned being not sustainable in law deserves to be and is hereby set aside. The petition is allowed. However, the respondent/decree holder is free to move application before the court below for attachment of the tractor and trolley in question showing joint ownership of judgment debtor as well as of the petitioner.