RAJ MOTORS Vs. RAJKUMAR HUF

JUDGEMENT

(1.) This civil revision petition has been filed by the petitionersjudgment debtors (for short 'the judgment debtors') under Sec. 115 CPC against the order dtd. 14/1/2025 passed by Commercial Court, Ajmer in Civil Execution No.65/2024, whereby the application filed by the judgment debtors under Sec. 47 read with Sec. 151 CPC has been dismissed. Learned counsel for the judgment debtors submits that respondent-decree holder-plaintiff (for short 'the decree holder- plaintiff') filed a suit against the judgment debtors-defendants under Order 37 CPC. The said suit filed by the decree holderplaintiff was decreed on 6/12/2021. Decree holder-plaintiff filed execution petition against the judgment debtors-defendants in which judgment debtors-defendants filed objections under Sec. 47 read with Sec. 151 CPC.

(2.) Learned counsel for the judgment debtors-defendants submits that judgment debtors-defendants furnished security as per the order dtd. 19/11/2019 passed by the trial court. In objections, judgment debtors-defendants stated that when the Judgment Debtors-defendants had already furnished security, the said properties cannot be attached and sold, but the executing court while passing the impugned order, observed that said security was not sufficient to satisfy the decree.

(3.) Learned counsel for the judgment debtors-defendants also submits that executing court had committed an error in attaching all the properties of the judgment debtors-defendants. If these properties are put on auction for realization of the decretal amount, then the judgment debtors-defendants would suffer irreparable injury. So, order of the Executing Court be set aside and the executing court be directed to satisfy the decree from the security already furnish by the judgment debtros.