IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: E.S.A. No.1163 of 2007 DATE OF DECISION : July 23,2009 Ishwar Singh .......Appellant versus Rameshwar etc. ......Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR PRESENT: Mr. G.S. Gandhi, Advocate and Ms. Hanny Gadhi, Advocate for the appellant. Mr. Sanjay Mittal, Advocate for the respondents. NIRMALJIT KAUR, J. A suit bearing No.135 of 1997 was filed by the decree holder against Ram Singh for recovery of Rs.37,620/-. The said suit was decreed vide judgment dated 05-01-2001. The decree holder filed the execution petition for recovery of the decreetal amount and also filed the list of the property of the judgment debtor along with details of the Haveli, alleging that the judgment debtor has 1/3rd share in the Haveli. Accordingly, the share of the judgment debtor to the extent in the Haveli was ordered to be attached by the Court. Ishwar Singh, father of the judgment debtor, third party filed the objection against the attachment of the Haveli. The objections were dismissed by the Civil Judge, Narnaul on 20-07-2005 as well as by the First Appellate Court vide order dated 07-03-2007. Dissatisfied and aggrieved with the same, the objector Ishwar Singh has filed the present appeal. During the course of the present E.S.A. No.1163 of 2007 -2- proceedings in the appeal, Mr. Sanjay Mittal, learned counsel for the respondents-decree holder, took time to verify whether Ram Singh, the judgment debtor had a share in the land falling in Khasra No.33/18/1, measuring 19 kanals 12 marlas and whether his claim can be satisfied against the value of the share of Ram Singh. Today, learned counsel for the appellant, on instructions and after verifying the facts, states that Ram Singh does have a share in the land falling in Khasra No.33/18/1, measuring 19 kanals 12 marlas situated in Village Nangal Chaudhary Tehsil Narnaul, District Mohindergarh after excluding 02 Kanals 06 Marlas upon which the Haveli is situated and the same is sufficient to enable him to have the claim satisfied against the value of the share of Ram Singh in the land. Accordingly, he has no objection if the Haveli, ordered to be attached vide order dated 20-07-2005 passed by Civil Judge, Narnaul, is ordered to be released. In view of the above facts, it is further prayed that in lieu of the same, the share of the judgment debtor-Ram Singh in the land falling in Khasra No.33/18/1, measuring 19 kanals 12 marlas situated in Village Nangal Chaudhary Tehsil Narnaul, District Mohindergarh after excluding 02 Kanals 06 Marlas upon which the Haveli is situated, is attached. Learned counsel for the appellant has no objection to the same. In view of the statement of learned counsel for the parties, the present appeal is disposed of and the impugned order dated 20-07-2005 passed by passed by Civil Judge (Sr. Divn.) Narnaul as well as the judgment dated 07-03-2007 passed by Additional District Judge, Narnaul is modified to the extent that the Haveli ordered to be attached by the E.S.A. No.1163 of 2007 -3- above order, shall be released and in lieu of that the share of Ram Singh, Judgment Debtor in the land falling in Khasra No.33/18/1, measuring 19 kanals 12 marlas situated in Village Nangal Chaudhary Tehsil Narnaul, District Mohindergarh, after excluding 02 Kanals 06 Marlas upon which the Haveli is situated, is ordered to be attached for satisfying the said decree. The Executing Court will now, thereafter, proceed in accordance with law. (NIRMALJIT KAUR) JUDGE July 23, 2009 gurpreet Whether to be referred to the Reporter : Yes / No