E.S. A. No. 41 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH E.S. A. No. 41 of 2010 Date of decision : January 25, 2011 Kulwinder Singh ....Appellant versus M/s Prithi Chand Kaushal and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Namit Gautam, Advocate, for the appellant L.N. Mittal, J. (Oral) Objector Kulwinder Singh having failed in both the courts below has filed the instant execution second appeal. Suit filed by Prithi Chand Kaushal respondent no. 1 for recovery of ` 14,49,632/- was decreed against M/s Om Parkash Ramesh Kumar Rice Mills and its four partners vide judgment and decree dated 31.5.1990. However, judgment debtors Ramesh Kumar and Pawan Kumar had already sold 2 kanals 19 marlas of land which is the bone of contention in favour of Ram Murti in November, 1989. In execution petition Rice Sheller of the JD-Firm was attached. Attached property was also auctioned. Ram Murti filed objections in the execution petition alleging that he had purchased 2 kanals 19 marlas land vide sale deed dated E.S. A. No. 41 of 2010 -2- 7.11.1989 from Ramesh Kumar JD. Vide order dated 29.9.1991, Annexure A/3 it was ordered that vacant land if any to the extent of 2 kanals 19 marlas be not auctioned. Sale regarding the remaining property has already been confirmed except 2 kanals 19 marlas land kept pending subject to objections of Ram Murti. After the death of Ram Murti, his legal representatives withdrew the objections dated 15.7.1991 on 5.12.2005. Kulwinder Singh appellant and Raghbir Singh filed objections that they have purchased 2 kanals 19 marlas land from Harbans Singh to whom it had been sold by Ram Murti, vide sale deed dated 27.3.1995. They alleged that the said land is not liable to attachment and auction in the execution petition. Learned executing court vide order dated 31.8.2009 disposed of the objections filed by the objectors Kulwinder Singh appellant and Raghbir Singh. Against the said order, four appeals were filed; two appeals by the objectors Kulwinder Singh and Raghbir Singh and two appeals by decree holder Prithi Chand. Learned Additional District Judge, Fast Track Court, Ludhiana vide common judgment dated 14.9.2010 has dismissed all the four appeals. Appeals preferred by the decree holder were dismissed as time barred whereas appeals filed by the objectors were dismissed on merit. Feeling aggrieved, objector Kulwinder Singh has filed the instant appeal. I have heard learned counsel for the appellant and perused the case file. Learned counsel for the appellant vehemently contended that 2 kanals 19 marlas land in question was never sold in execution and objectors i.e. the appellant and Raghbir Singh have purchased the same from Harbans E.S. A. No. 41 of 2010 -3- Singh to whom it had been sold by Ram Murti. It was also contended that legal representatives of Ram Murti colluded with decree holder and withdrew the objections which had been preferred by Ram Murti. I have carefully considered the aforesaid contention but find no merit therein. Sale by Ramesh Kumar JD in favour of Ram Murti was in violation of interim status quo order. Further sale by Ram Murti to Harbans Singh and by Harbans Singh to objectors i.e. the appellant and Raghbir Singh was subsequent to the attachment of the land in question in the execution petition. Attachment was effected on 16.7.1991. Consequently, sale in favour of appellant and Raghbir Singh is not only hit by doctrine of lis-pendens but also being in violation of the attachment, is void ab-initio in so far as the rights of the decree holder are concerned. In addition to it, the appellant and Raghbir Singh are transferee pendente-lite from Ram Murti and are therefore, bound by the dismissal of the objections preferred by Ram Murti, even if the said objections were dismissed as withdrawn and not adjudicated on merit. Examined from any angle, the appellant and Raghbir Singh have no right as against the decree holder or auction purchaser. The instant second appeal is devoid of any merit and is accordingly dismissed in limine. ( L.N. Mittal ) January 25, 2011 Judge 'dalbir'