MOHAMMAD RAFIQ GANIE Vs. AIJAZ AHMAD THOKER

JUDGEMENT

(1.) The Present Civil Miscellaneous Appeal has been preferred against the judgment and orders dtd. 4/4/2016 and 5/4/2016 passed by the learned Principal District Judge, Anantnag in proceedings under Order XXI (A) of the Civil Procedure Code (for short, 'CPC').

(2.) The appellant is a judgment debtor against whom a decree for an amount of Rs.4,52,677.00 with interest @ 9% was allowed. The appellant herein challenged the aforementioned judgment and decree in appeal, which, however, came to be dismissed. In the appeal, the appellant/judgment debtor had not taken the plea of insolvency. However, during the execution proceedings, an application came to be filed by the appellant under Order XX1 (A) CPC, claiming insolvency. The appellant, along with an application, filed a schedule of property wherein he stated that he possessed some apparels, shoes, a two storied residential house stated to have been damaged during floods. The said information was provided on oath and solemnly affirmed by the appellant.

(3.) Objections filed to the application by the decree holder highlighted that the appellant had concealed material facts with regard to the property which had been inherited by him from his father. It was alleged that the appellant was constructing a residential house at Krandigham Tehsil Bijbehara District Anantnag wherein huge amount had already been spent. It was also alleged that the appellant had an account in the J&K Bank Branch Jablipora bearing No. 11228 and another account maintained in the name of his daughter, which had not been reflected in the schedule of property.