LAWS(HPH)-1998-10-5

STATE BANK OF INDIA Vs. MOHINI DEVI

Decided On October 09, 1998
STATE BANK OF INDIA Appellant
V/S
MOHINI DEVI Respondents

JUDGEMENT

(1.) This order will dispose of the abovenoted four original miscellaneous petitions. The brief facts leading to these petitions may be thus stated. The State Bank of India, hereinafter, referred to as the decree-holder, on 28.3.1988 was granted a decree for the recovery of Rs. 2,34,489.40p with costs and future interest at the rate of 12.5% per annum with quarterly rests. Such decree was passed against S/Shri Pritam Chand, Parmeshwari Dass, Uttam Chand Goel and Lekh Raj Sood, Smt. Pawana Sood and Smt. Sarojini Sood jointly and severally.

(2.) The decree-holder sought the enforcement of such decree by making an execution application on 17.10.1990, being Ext. P.No. 19 of 1990. Judgment-debtor Pritam Chand Sood died during the pendency of the execution proceedings. His widow, sons and daughters were accordingly impleaded as judgment debtors No. 1 (a) to 1 (f)- During the execution proceedings the landed property of the deceased judgment- debtor Pritam Chand was attached and sold by auction.

(3.) In the auction held on 11.3.1996, the attached land was purchased by one Shri Surinder Mohan Sood, hereinafter referred to as the auction purchaser for a sum of Rs. 1,25,000/- Such sale was confirmed by this Court on 7.7.1997. O.M.P. No. 207/96: