J.H.JEWELERS Vs. UMED CHINDALIYA & ORS

JUDGEMENT

(1.) This application is moved on behalf of the defendant no.2 under Sec. 94 read with Sec. 151 of Civil P.C. seeking discharge from the order and/or modification/ clarification of the order dated 07.02.2014 passed by this Court. The said order is as follows:

(2.) It is submitted by the learned counsel for the plaintiff that defendant no.2 was living in this residential property and since house bearing no.16/805, Orange County, Indirapuram, Ghaziabad, U.P. belong to her, she having registered documents in her name, she may be allowed along with his family to reside in the said house till further orders for reasons mentioned in this application. It is alleged though the house is attached by the order of this Court but the real purpose of attachment is only to secure the property till decree is passed and to satisfy the decree. It is argued the defendant no.2 shall not dispose of the said property or create any third party right in the same till the disposal of this suit if allowed to stay in the same.

(3.) The learned counsel for defendant no.2 had relied upon Sardar Govindrao Mahadik and another vs. Devi Sahai and other, 1982 AIR(SC) 989 wherein it was held: