SAROJ BALA Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) JUDGMENT Debtors (JDs) No. 1 and 9 -Saroj Bala and Urmila Devi have filed this revision petition under Article 227 of the Constitution of India, challenging the order dated 13.05.2008 (Annexures P -5) passed by the Executing Court thereby dismissing objections/applications (Annexures P -1 and P -2) filed by the petitioners for release of their residential houses from attachment. Decree for recovery of money has been passed in favour of respondent No. 1 -Decree Holder (DH) Bank against petitioners and proforma respondents No. 2 to 11 (JDs). DH -Bank has filed execution petition for execution of the decree wherein houses of JDs have been attached. In their applications (Annexures P -1 and P -2), JDs alleged that houses in question which have been attached are their only residential houses and, therefore, the same are exempted from attachment.

(2.) DH by filing replies (Annexures P -3 and P -4) controverted the objections/applications filed by the JDs.

(3.) I have heard learned counsel for the parties and perused the case file.