LAWS(MPH)-2006-12-6

SANDHYA SISODIYA Vs. SYNDICATE BANK

Decided On December 06, 2006
SANDHYA SISODIYA Appellant
V/S
SYNDICATE BANK Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 227 of the Constitution of India challenging the order dated 22-7-2004 passed by III Additional District Judge, Gwalior in Case No. 93/94 x 2000 (Execution) whereby objections raised by the present petitioner dated 9-10-2001 are rejected.

(2.) Brief facts of the case are that respondent No. 1 Syndicate Bank filed a suit against one Krishna Raj Singh and respondents 2 and 3 for recovery of the amount advanced by respondent No. 1 to Respondents 2 and 3 and said Krishna Raj Singh. The suit was filed for recovery of Rs. 1,57,049.44 paise and was decreed vide judgment dated 24-7-1996 Annexure P/2 by the Court of III Additional District Judge, Gwalior in Civil Suit No. 93B/94.

(3.) During the pendency of the suit, Krishna Raj Singh, the husband of the present petitioner died and name of the present petitioner was brought on record as legal representative of deceased Krishna Raj Singh. Ultimately, the suit was decreed on 24-7-1996 and the respondent No. 1 Bank filed execution for recovery of the decretal amount against the present petitioner. During execution, decree holder proceeded against the plot which was purchased by the present petitioner on 16-1-1991 vide sale deed (Annexure P/3).