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2015 DIGILAW 78 (PNJ)

Parminder Singh v. Balbir Singh

2015-01-13

R.P.NAGRATH

body2015
JUDGMENT Mr. R.P. Nagrath, J.: (Oral) - Petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India for quashing sale proceedings held on 31.08.2012 (Annexure P-8) and the impugned order dated 28.05.2013 (Annexure P-11) whereby objection application filed by the petitioner under Section 60(c), Order XXI Rule 90 read with Section 47/151 of the Code of Civil Procedure has been dismissed. 2. Learned counsel for the parties are ad idem that against the impugned order dated 28.5.2013 (Annexure P-11) passed by the Executing Court, appeal would be maintainable as the objections were filed mainly in terms of Order XXI Rule 90 and Section 47 of the Code of Civil Procedure and one of the ground taken was that this is a residential house which is exempt from attachment in terms of Section 60(1) (c) of the Code. 3. The instant petition is, therefore, disposed of with liberty to the petitioner to file appeal against the impugned orders. If the same is filed within three weeks from today, the Appellate Court would condone the delay in presenting appeal as the instant petition was filed on 08.07.2013. Learned counsel for the respondent, however, contends that plea with regard to the exemption in terms of Section 60(1) (c) of the Code cannot be raised by the petitioner as he had been participating in execution proceedings and no such objection was taken. If permissible, the respondents would be at liberty to raise the above contention in the appeal. 4. In case the appeal is filed within three weeks from today, the stay operating with regard to dispossession and confirmation of sale as ordered on 19.07.2013 would continue to operate till the filing of the appeal and any prayer for further extension of stay could be raised and decided by the Appellate Court. ---------0.B.S.0------------