VISHNUBHAI RAIMALBHAI DESAI Vs. KANTILAL HAJARIMAL SHAH

JUDGEMENT

(1.) THE petitioner was an objector under Order21 Rule58 of the Code of Civil Procedure, 1908 (for short "C.P.C."). He objected the decree which was sought to be executed by respondent No.2 against respondent No.1 respectively being judgment creditor and judgment debtor. The Trial Court, while rejecting the objection, came to a conclusion that the petitioner was not an owner of the suit property in absence of a sale deed.

(2.) BEFORE the Trial Court, the petitioner contended that he has a right, title and interest in the suit property in pursuant to the agreement to sell executed by respondent No.1 on 23.12.2002 i.e. before the attachment proceedings. The contention is that full consideration having been paid, the petitioner must be regarded as owner of the suit property and the object of filing of the suit by respondent No.2 which was decreed was to defeat the just claim of the petitioner.

(3.) AS against that, the learned counsel for the respondents would contend that, in fact, no title has passed to the petitioner, and therefore, the objections were not maintainable. The learned counsel for decree holder would contend that, in fact, there was a collusion between the petitioner and the first respondent in getting the objection filed so as to defeat the rights of the judgment creditor of realizing the decree.