S.D.Hada vs Pravin Kumar Aggarwal
2014 Latest Caselaw 5790 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         EFA-12/2013
%                                                   13th November , 2014

S.D.HADA                                            ......Petitioner
                          Through:       Mr. Muneesh Malhotra, Adv.


                          VERSUS

PRAVIN KUMAR AGGARWAL                                     ...... Respondent
                Through:

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

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
EFA-12/2013                                                                   Page 1 of 2
 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.

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