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High Court of Punjab and HaryanaCR/4056/2016dismissed

Varinder Singh v. Punjab National Bank And ORS.

2016-07-29Mr. Justice Fateh Deep Singh2 pages

CR No.4056 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No.4056 of 2016 Decided on: 29.07.2016 Varinder Singh ....Petitioner

Versus

Punjab National Bank and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Mohd. Yousaf, Advocate for the petitioner.

REKHA MITTAL, J.

The present petition has been directed against order dated 08.04.2016 (Annexure P-6) passed by the Civil Judge (Jr. Division), Dhuri whereby the objections preferred by the petitioner against attachment of property of the JD has been dismissed. Counsel for the petitioner has submitted that the property attached in execution of the decree is the only residential house of the JD, thus the same is exempted from attachment and sale under Section 60(C) of the Code of Civil Procedure.

The Executing Court, in para 3 of the order has noticed contention of counsel for the decree-holder that the JD had mortgaged the property in question to the decree-holder - Bank and claim for recovery by way of attachment and sale of mortgage property was allowed in favour of the decree-holder. As the plot measuring 03 biswas 04 biswasis with specific dimensions and boundaries on which the building in question has been constructed was mortgaged with the bank for repayment of the loan amount, the JD cannot be heard to say that the Mohd. Yakub 2016.08.04 11:02 I attest to the accuracy and authenticity of this document Chandigarh

CR No.4056 of 2016 site in question cannot be put to auction for realization of the decretal amount. No one can be allowed to take the law in his own hands nor can be allowed to avoid liability qua property in regard whereof security has been created in favour of the bank at the time of securing a loan. That being so, I do not find any error much less illegality in the impugned order warranting intervention.

Dismissed.

29.07.2016 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Mohd. Yakub 2016.08.04 11:02 I attest to the accuracy and authenticity of this document Chandigarh