KAILASH Vs. SUNIL

JUDGEMENT

(1.) BY the impugned order dated 05.05.2011, the application filed by the appellant � objector under Order 21 Rule 58 CPC in execution proceedings of a money decree in favour of the respondent No.4 Suresh Chandra was allowed by learned Additional District Judge (Fast Track), Rajsamand and the Court has determined her share to the extent of 1/8th only in the suit property and that part of the property was released from the attachment for realisation of the decretal amount.

(2.) LEARNED counsel for the objector � appellant, Mr. Deelip Kawadia submitted that the share of the daughter has wrongly been determined as 1/8th share only, whereas she would have 1/4th share in the attached property because her share cannot be restricted from her father's share Laxmi Narayan in the present suit property and, therefore, the objections have wrongly been decided by the court below and since the proceedings under Order 21 Rule 58 CPC are akin to a fresh suit, the wrong determination of the share of the objector deserves to be corrected in the present appeal.