NAVEEN CHAND SANCHETI JAIN Vs. SINGHAL TRADERS

JUDGEMENT

(1.) THE appellant has challenged the order dated 1.4.2005 whereby his execution application has been dismissed by the Additional District Judge (Fast Track), No. 2, Alwar.

(2.) BRIEF facts of the case are that the respondent Nos. 1 and 2 filed a suit for money recovery against the appellant and Vijay Chand Sancheti, the appellant's father and against M/s. Naveen Redimed Garments, a firm run by the appellant and his father. According to the respondents, the appellant and his father had borrowed the money to the tune of Rs. 60,000/ - on interest @ Rs. 1.75, However, neither the appellant nor his father was able to repay the said debt. Therefore, the respondents filed a civil suit, which eventually decreed in their favour vide order dated 15.10.2004. Subsequently, it was ordered that the property belonging to the appellant and his father should be auctioned. Consequently, an auction was held. However, the appellant moved an application under Order 21 Rules 90/92, C.P.C. The said application was dismissed by the learned Court below. Hence, this appeal before us.

(3.) WE have heard both the learned Counsel for the parties and perused the impugned order.