SHOBHA SHRIRAM MHALAGAI ADULT Vs. PRADIP LAXMANRAO BADHE

JUDGEMENT

(1.) THE Appellant is the Decree Holder in respect of a decree passed in Suit No.97 of 1992 in the Court of the Civil Judge (S.D.) Pune. The decree holder applied for execution of the decree and obtained the order of attachment in respect of a car of Mercdez Benz make bearing registration No. MH -12/SA- 0001 against the Judgment Debtor. The Judgment Debtor had sought to sell the car to his wife who applied for a loan from Saraswat Co-operative Bank Limited (the Bank) and which car upon her default came to be auctioned and sold by the said Bank to Respondent No.1 as the Auction Purchaser. Upon the car being seized in execution of the order of attachment, Respondent No.1 applied to the Civil Judge (SD) Pune for raising the attachment. The order came to be passed allowing the said attachment and declaring the auction purchaser the owner of the car and entitled to its custody. The decree holder has filed this first appeal challenging the said order.

(2.) THE material aspect to consider in this appeal is whether the Judgment Debtor was the owner of the car on the date of the order of attachment or whether he had transferred the attached property prior thereto as claimed by him.

(3.) IT is contended on behalf of the Decree Holder who was Opponent No.1 to the said application, that the sale by the Judgment Debtor after passing of the decree was malafide and made with a view to overreach the said decree and that the title to the property remained with the Judgment Debtor. The wife of the Judgment Debtor could not transfer the said car to the Auction Purchaser, as she had no title thereto.