CHARANJIT KAUR VIRK Vs. PREMLATA SHARMA & ORS

JUDGEMENT

(1.) This Execution First Appeal (EFA) under Order XXI Rule 58 of the Code of Civil Procedure Code, 1908 (CPC) impugns the order [dated 28th February, 2018 in Execution No.2885/2016 of the Court of Additional District Judge-05, South] of dismissal of objections filed by the appellant / objector to the execution sought by the respondent no.1 / decree-holder of a money decree against the respondents no.2 & 3 / judgment-debtors viz. Benchmark International and Mr. Gurdip Singh Virk, Proprietor of Benchmark International.

(2.) This EFA came up first before this Court on 16th May, 2018 when, on the contention of the senior counsel then appearing for the appellant / objector that only about Rs. 3 lacs was remaining payable under the decree and the appellant / objector was the sole owner of the two properties attached in the execution and in which the respondent no.3 / judgment-debtor Gurdip Singh Virk, who is the son of the appellant / objector, had no right, title or interest, notice was issued and the impugned order stayed.

(3.) The counsel for the respondent no.1 / plaintiff / decree-holder appears and on enquiry states that a sum of about Rs. 15 lacs is due under the decree.