IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.73244-M of 2006 Date of Decision:31.01.2008 Kashmir Singh .....Petitioner Vs. Balwinder Kaur and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Ms. Monika Goyal, Advocate for the petitioner. Mr. H.S.Dhandi, Advocate for the respondents. **** RAJESH BINDAL, J. Learned counsel for the petitioner submits that only grouse subsisting in the present case is that while attaching the properties to be sold for payment of maintenance to the respondents, the petitioner was not given any opportunity to file objections to the effect as to whether the properties are owned by the petitioner or not. As the petitioner is carrying on the business of repair of electronic items, number of items lying in the shop are owned by other persons which were entrusted to him for repair. Learned Magistrate has directed the attachment of the property merely on furnishing of a list by the respondents without affording an opportunity to the petitioner to object to the same. She submits that in case opportunity is given, the petitioner will file objections, which may be directed to be dealt with by the Court below. Learned counsel for the respondents does not have any objection in case the petitioner is given liberty to raise objection regarding determination of ownership of the property and the objections are decided first by the Court first and then the property is ordered to be sold. In view of the fair stand of the counsel for the parties, the present petition is disposed with a direction to the learned Judicial Magistrate First Class to grant liberty to the petitioner to file objections to the attachment and deal with the objections raised by the petitioner first and then order attachment/sale of property. The petition is disposed of accordingly. January 31, 2008 ( RAJESH BINDAL ) renu JUDGE