LAWS(P&H)-2013-12-250

REKHA Vs. SHANTI DEVI AND OTHERS

Decided On December 13, 2013
REKHA Appellant
V/S
Shanti Devi And Others Respondents

JUDGEMENT

(1.) Instant civil revision has been filed under Sec. 115 of the Code of Civil Procedure , 1908 (in short "the Code") for setting aside the order dated 11.11.2013 passed by learned Civil Judge (Sr. Divn.), Fatehabad whereby application filed by the petitioner under Sec. 47 read with Order 21, Rule 58 of the Code for release of land measuring 4 kanals 1 marla from attachment, has been dismissed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondents no.1 to 3-decree -holders filed execution application for execution of decree dated 07.08.2012 against respondents no.4 to 8 for recovery of Rs. 5 lacs. In execution proceedings, the land in question was attached on 28.10.2012, however, during the pendency of said execution application, the petitioner purchased the land in question for a sale consideration of Rs. 5,07,000.00 from Vijay Singh-respondent no.4/judgment debtor on 04.10.2012 vide registered sale deed no.2322. It is the case of the petitioner that she purchased the land in question prior to the attachment of same and was not aware about the present execution. Therefore, the petitioner moved application under Sec. 47 read with Order 21, Rule 58 of the Code for release of land measuring 4 kanals 1 marla from attachment which has been dismissed vide impugned order dated 11.11.2013. Hence, this revision petition.

(3.) I have heard learned counsel for the petitioner and perused the record.