SUBHASH PANWAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 9.11.2009 passed by learned Civil Judge, Senior Division, Jagadhri, vide which 3rd party objections filed by petitioners were dismissed.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Executing Court.

(3.) Facts relevant for the decision of present revision petition are that respondent No. 1-State Bank of India had filed a suit for recovery against respondents No. 2 and 3, which was decreed in favour of respondent No. 1 and against respondents No. 2 and 3. The property in dispute was mortgaged by respondents No. 2 and 3 with respondent No. 1 as a security for repayment of loan, hence, prior charge was existing on the property in dispute of respondent-bank. After obtaining the decree against respondents No. 2 and 3, respondent No. 1-decree holder filed execution petition in which objections were filed by present petitioner.