M/S. JONY ICE CANDY Vs. HEM RAJ

JUDGEMENT

(1.) This petition has been filed under Art. 227 of the Constitution against the order dated 6.6.2012 passed by learned Civil Judge (Senior Division), Nadaun in Main CMA No. 25/2010 in CMA No. 35/2012.

(2.) The facts in brief are that respondent No.2 had filed Civil suit No. 217 of 1992 which was decreed on 29.4.1994 and a decree of Rs. 51,661.24 paise was passed in favour of respondent No.2 and against judgment debtors alongwith costs and pendente lite and future interest at the rate of 14% per annum with quarterly rests from the date of filing of the suit till realisation.

(3.) The property of Ved Parkash proprietor of petitioner was attached in execution of decree. Ved Parkash took objections in the Execution No. 29/1996 that he had paid the amount. This objection was found baseless by the Court below. In Execution Petition No. 29/1996 after attachment, the property of Ved Parkash was sold. The sale was confirmed and sale certificate was granted on 24.4.2010. The Auction Purchaser applied for putting him into possession. The possession could be delivered to the Auction Purchaser by the assistance of the police and breaking the locks by Executive Officer as the Judgment Debtor obstructed the execution. CMPMO No. 243 of 2010 was filed by the petitioner which was dismissed on 14.7.2010. The application under Order 9 Rule 13 Civil Procedure Code was filed by one Alka Devi daughter in law of Ved Parkash was dismissed on 25.9.2010. It has been submitted that Ved Parkash filed objections that the house was constructed on 4 marlas of land with the aid of the Government and he has no other house. It has been submitted in the objections to handover the possession of the house to the Objector.