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2006 DIGILAW 1027 (MAD)

Hazrath Imam Hussain Wakf v. Nayeema Adib

2006-04-12

FAKKIR MOHAMED IBRAHIM KALIFULLA

body2006
Judgment :- The petitioner is aggrieved as against the action of the Court below in having ordered notice in the Execution Petitions filed by the petitioner under Order 21, Rule 54(1) C.P.C. The petitioner has secured a decree as against the respondent for delivery of possession and also for payment of arrears of rent as well as mesne profits. The petitioner obtained the decree on 12.9.2005. The Execution Petitions came to be filed on 19.1.2006. Order 21, Rule 54(1) C.P.C. reads as under: "Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the properties in any way, and all persons from taking any benefit from such transfer or charge. " 2. By a reading of the above Rule relating to execution of the decree in the form of attachment of immovable property, it is clear that attachment is mandatorily to be ordered to prohibit the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. Apparently in order to secure proper enforcement of the decree, the said mandatory prohibition has been provided under sub-rule (1) of Rule 54 of Order 21. Therefore, there is every justification in the claim of the petitioner in seeking for mandatory direction of attachment in the first instance before the Execution Petitions are subsequently heard, after the presence of the judgment-debtor on a date to be specified under Order 21 Rule 54(1-A) C.P.C. 3. Having regard to the said specific stipulation contained in Order 21, Rule 54(1) and Rule 54(1-A), the Court below is directed to pass appropriate orders of attachment and the prohibitory order, while fixing the date of appearance of judgment-debtor in the two Execution Petitions viz., E.P.No.104 of 2006 in O.S.No.4232 of 2003. The revision petition is ordered on the above terms. No costs.