INDIAN BANK Vs. DEEPAK VERMA

JUDGEMENT

(1.) This order will dispose of the above noted objection petition preferred by Lekh Raj son of Babu Ram Sharma, hereinafter referred to as the objector, under Order 21, Rules 97, 98, 99 and 101, Code of Civil Procedure.

(2.) Briefly, the facts of the case giving rise to the present objection petition, may be thus stated. In Civil Suit No. 75 of 1979 (Indian Bank v. Bhagwan Dass Verma) a decree for a sum of Rs. 80,773.72 paise with cost was passed on 9-1-1981 in favour of against the plaintiff Bank and against the two defendants, namely, Bhagwan Dass Verma and his mother Smt. Shanti Devi, being the principal debtor and guarantor respectively. Since the two judgment debtors failed to pay the decretal amount. The decree-holder Bank took out execution petition No. 10 of 1982. In such proceedings, the immovable property of the judgment debtors located in Lakkar Bazar, Shimla was attached and sold by public auction 15-12-1983. It was purchased by S/Shri K.D. Sud and Karam Chand in equal share for a sum of Rs. 1,08,000.00. The sale was confirmed on 18-5-1984 and the necessary sale certificate was issued in favour of the auction purchaser on 12-7-1984.

(3.) On 19-12-1991, the auction purchasers moved an application being O.M.P. No. 7 of 1992 for being delivered the possession of the property in question.