MANJU VERMA Vs. HARPREET SINGH

JUDGEMENT

(1.) THE order impugned before this Court is the order dated 22.07.2011 vide which the warrants of attachment had been ordered against the immoveable assets of judgment debtors No. 4 & 5 in terms of decree dated 27.11.2006. This was in Suit No.40/2004 titled as Harpreet Singh Vs. Baldev Raj Bhatia. It is not in dispute that the decree dated 27.11.2006 had been passed in favour of the decree holder; objections had been filed against this decree by the aforenoted petitioner i.e. Smt. Manju Verma; the said objections had been dismissed on 04.01.2011; revision petition preferred by the petitioners in the High Court had also been dismissed on 31.05.2011.

(2.) THE present petition has now been filed under Article 227 of the Constitution. THE grievance of the petitioner is that she had filed a separate suit for declaration and permanent injunction which is pending before the District Judge at Rohini Courts; this suit had been filed pursuant to the orders of the High Court dated 14.02.2011 passed in RFA No. 96/2011 which was an appeal against the decree dated 27.11.2006. Further contention being that the High Court on 31.05.2011 had granted interim protection to the petitioner up to 15.07.2011 from dispossession qua the suit property; contention is that since along with the suit, an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the `Code') had been filed before the said Court where his suit is pending, no warrants of attachment order can be passed against her till the disposal of her application under Order 39 of the Code.