PUNJAB NATIONAL BANK Vs. RAMU

JUDGEMENT

(1.) I have heard the learned counsel for the petitioner and also perused the impugned order dated 22.4.1995 passed by the learned Additional District Judge, Sikar, in Execution Case No. 2 of 1985 whereby the executing Court rejected the review petition preferred by the petitioner against the order dated 14.2.1995 passed by the said court.

(2.) The facts, briefly stated are that decreeing the petitioner's suit No. 18 of 1978 for recovery of As. 12,205.15, the execution proceedings were initiated by the petitioner on 23.8.1980. The Bank took necessary steps to get the land of the judgment debtor auctioned in pursuance of the aforesaid decree and also to realise the decretal amount for satisfaction of the decree but unfortunately the same could not materialise.

(3.) The execution proceedings were contested by some individuals which included the legal representatives of one Shri Mula, who filed objections before the executing court and also filed an application under Order XXI Rule 69 Code of Civil Procedure and sought stoppage of the sale in execution proceedings. On 26.5.1994 the executing court passed an order that the land of the judgment debtor will only remain subject to attachment and the bank will be free to get the said land auctioned while the remaining land belonging to the objectors, was released from attachment.