KAWALJEET KAUR Vs. KULDEEP SINGH

JUDGEMENT

(1.) This petition is directed against the order dated 22.09.2017 (Annexure P-8).

(2.) The backdrop would be necessary. A suit was filed by the plaintiff which was decreed ex parte on 15.11.2016. The decree holder filed an execution on 17.12.2016. The Executing Court had noted that no sale consideration was pending and adjourned the case for filing the draft sale deed. The decree holder placed on record the draft sale deed and vide order dated 24.01.2017, the Executing Court had ordered issuance of notice of the draft sale deed to the judgment debtor for 21.04.2017. Meanwhile, it also asked for a report from its Reader regarding the correctness of the same. The judgment debtor appeared and filed its objections on 19.04.2017. The objections filed by the judgment debtor were dismissed on 10.07.2017. Thereafter, the decree holder moved an application for appointment of a Local Commissioner to get the sale deed registered in his favour but referred to Order 21 Rule 32(5) of the Civil Procedure Code. The Executing Court dismissed the application holding that the list of the property had not been provided and its own staff i.e. the Reader was yet to check the draft sale deed. It also noted that opportunity was to be given to the judgment debtor to file objections. It appears that it failed to notice that notice regarding draft sale deed had already been issued and the judgment debtor had put in appearance and had filed the objections after the case had been adjourned on 24.03.2017. The decree holder had additionally made a prayer under Order 21 Rule 32(5) CPC since the judgment debtor was not cooperating and was not executing the sale deed, therefore, a prayer had been made also for attachment of the property.

(3.) I have heard the counsel for the petitioner.