IN THE HIGH COURT OF CHHATTISGARH ATBILASPUR F.A. N0. }'> /2007. APPELLANT/ ^OBJECTOR Smt. Mehrun Nisha W/o. Mujibdad Khan, Aged about - 45 years R/o.- Juni Hatri, Rajnandgaon Distt.- Rajnandgaon (C.G.) \ RESPONDENTS ^ / ^-w / ^ .• / ^ ;' /' ^" / VERSUS State Bank of India Through - Branch Manage, 1 Collectorate Branch, Rajnandgaon Distt.- Rajnandgaon (C.G.) ; Ahmad Bhai S/o. Gafoor Mistri Aged about - 53 years, ; Pro.- Ahmad Trunk Factory, Juni Hatri, Rajnandgaon (C.G.) Salim Akhtar Ahmad Bhai ; Aged about- 35 years, Through :- Ahmad Trunk Factory, Juni Hatri, Rajnandgaon (C.G.) FIRST CIVIL APPEAL UNDER SECTION 96 AND ORDER 21 RULE 58 (4) OF CIVIL PROCEDURE CODE F-C'1,!- XI.HC-78 an^rw^iw tRITSn^fTsbyicb *<i*ini amv* 3^ '<ii<4ici<i, ®Tn<:('is,Ricii'My F^.A.Kifiv n;•'R^zoa' 311^1 Mdch (t^5^r) s^nwBfBffsn^T Shri Anup Majumdar, co Heard. Srief facts are fhat in Qi passed in favour ofthe State.l the decree 239 sq. meters of piot No.232 and 233 was att^s raised an objection that out of t| she was the owner pf 45 sq. from attachment and auctibn. Rajnandgaon on 26-09-2005 oi|i the objector Mehrun Nisha he This order attained finality. Dej executing Court againsubjectei| auction proceedings. The app^il the executina Court that she ws and to purchase the remainin^ proceedings. However, the sai view of the afQresaid ailowed without nofice to the 22-12-2006 subjecting the land| plot No. 232 and 233 i.e.,239 sc| The executing Court sha!! excil objector - Mehrun Nisha whici^ vide order dated 26-09-2005 •tiiiFd'ifl-i iit]ctTffto^<Rit<si< ^srf^iTsn^T nsel for the appellant. ivil Suit No. S-B/1994 money decree v/as ^nk of India, Rajnandgaon. In execution of |and situated in Juni Hatri sheet No. 48-A, ^ched and put to auction. The appellsnt ie iand attached in execution ofthe decree JTieters of land which should be excluded The learned First Additiona! District Judge, jdered that 45 sq. meters of land owned by sxcluded from the attachment and auction. spite this, vide order dated 22-12-2006 the the land owned by the appel'ant herein to lant/objector gave an undertaking before ^s Vi/illing to pay the entire decretai araount 194 sq. meters of land in the auction prayer was turned dov/n. facts and circumstances, this appeal is respondents; The impugned order dated in area 45-sq. meters out oftota! area of |. meters being contrar/ to law is set-aside. |ude 45 sq. meters of iand owned by the was already excluded frorn attachment |from the auction procegdings. The " XI-HC-78 HmcfT a>*nts 3^;:!Trai?PT, ®T(1(tllS,RlMl'tfy ,.K.^..^.^ ^200^. 3TI^RT 13^ (l^fg^ET) sfv^v w R-ii* SII^TsRTOE TOITWflfBtTW^r —-2 appellant/objector is at liberty t| Court for depositing the entire to bid in the auction proceedin^ Vp make a frssh prayer before the executinf ipecretal amount and s'nall aiso be permittsd Is. Sn view of above, M.(C] stand^ disposed of. ).P. No. 137/2007 for grant of stay siso Sd/- Dilip Raosaheb Deshmukh Judge tiiiffi'fl-i TTO??t ff te^t <{SR%IT ^Sl^lTSTI^T