Full Text
Through: Mr. Muneesh Malhotra, Adv.
Through:
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. The objector/petitioner by this execution first appeal takes exception to the impugned order of the executing court dated 22.3.2013 which has dismissed the objections filed by the objector/petitioner and has directed execution of the money decree of Rs.6,74,733/- against the Judgment Debtor (JD) who has not been impleaded as a respondent in these proceedings and which JD is the son of the present objector/petitioner.
2. The executing court notes that no warrants of attachment have been issued against the immovable property being Hada Farm, 30, Rajokri Road, Samalkha, New Delhi but the warrants of attachment have been issued only 2014:DHC:6019 EFA-12/2013 against the movable properties therein of the JD because the JD who is the son of the petitioner/objector is admittedly found to be living in the property. It therefore cannot be believed that there would be no moveable properties of the JD in this immovable property. The objector/petitioner did not file any proof whatsoever that the movable properties which are lying in the property Hada Farm do not belong to the JD but belong to her.
3. In view of the above, I do not find any merit in the appeal and the same is therefore dismissed. No costs.
NOVEMBER 13, 2014 VALMIKI J. MEHTA, J. ib