SURENDER Vs. SOAMI TRADERS (INDIA) AND ANOTHER

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 16.11.2013 (Annexure P-5), passed by the executing court and for not directing the release of property of the petitioner from attachment.

(2.) Respondent no. 1 obtained the decree for recovery of an amount of Rs. 3,18,499/- against respondent no. 2, father of the petitioner. Copy of the judgment in suit No. 30 of 2009 instituted by respondent no. 1 on 12.05.2008 is Annexure P-1. The decree was passed on 05.10.2011 and it was also directed that over the decretal amount respondent no. 1-decree-holder would be entitled to interest @ 12% per annum w.e.f. 01.11.2005 till its realization. Annexure P-2 is the copy of execution application filed before the executing court wherein the amount outstanding under the decree for which the recovery was sought by attachment or sale of the property of respondent no. 2-judgment-debtor, was Rs. 5,47,820/-. The execution application is dated 07.12.2011.

(3.) Pursuant thereto, the revenue authorities attached the property measuring 73 kanals 4 marlas as per jamabandi for the year 2009-2010. As per report of the revenue authorities dated 21.02.2012 (Annexure P-3), 37 kanals 13 marlas of the land was transferred out of 73 kanals 4 marlas in favour of the petitioner, the son of decree-holder, vide mutation no. 1802. It was further reported that 35 kanals 11 marlas of the land standing in the name of Bhalla Ram judgmentdebtor and 37 kanals 13 marlas standing in the name of petitioner was attached.