The Hon’ble Delhi High Court observed Section 60(1)(ccc) of the Code of Civil Procedure, 1908 and opined that assignee decree holders would not be able to seek satisfaction of the decree (at least not properly in time) unless the appellants/judgment debtors sell whole or a part of the subject property.
It was held that the the subject property being the appellants’/judgment debtors’ “one main residential house”, it could not be attached and sold in execution proceedings.
Brief Facts:
The present appeal has been filed against the judgement passed in favour of Respondents in execution proceedings.
A suit for specific performance was filed by the original decree holders and a direction was issued to deposit the balance. The Appellants carried the matter in appeal which was disposed of with consent of parties.
The suit for specific performance was converted into a money decree, whereby, the appellants/judgment debtors were required to pay Rs.5 crores.
The original decree holders have assigned the decree in favor of someone via assignment deed.
It was argued by the Appellants that since the suit property was the only residential house available to them, it could not be attached and sold in the execution proceedings. However, the learned single Judge rejected the plea.
Contentions of the Appellants:
It was argued that the ubject property was worth, approximately, Rs.20 crores and what was claimed presently by the assignee decree holder was much less.
Observations of the Court:
The Court observed Section 60(1)(ccc) of the Code of Civil Procedure, 1908 and opined that assignee decree holders would not be able to seek satisfaction of the decree (at least not properly in time) unless the appellants/judgment debtors sell whole or a part of the subject property.
It was held that the the subject property being the appellants’/judgment debtors’ “one main residential house”, it could not be attached and sold in execution proceedings.
The decision of the Court:
The Hon'ble Court, after noting that the parties suggested mediation directed them to present themselves before the Delhi High Court Mediation and Conciliation Centre.
Accordingly, appeal was disposed off.
Case Title: Mohinder Singh (since deceased) though LRs & Ors. v. Bimal Saxon (deceased through assignee & Ors.
Coram: Hon’ble Mr. Justice Rajiv Shakdher and Hon’ble Mr. Justice Amit Bansal
Case No.: EFA(OS) 17/2024
Advocates for the Appellant: Advs. Mr Saurabh Kirpal, Sr Adv. with Mr Pankaj Mehta, Ms Shweta Soni, Ms Akansha Singh and Mr R K Mehta
Advocates for the Respondent: Advs. Mr Varun Goswami with Mr Naveen Grover and Mr Hritik Chaudhary
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