Harvinder Singh and Others vs Avtar Singh and Others

L. N. Mittal, J.

C. M. No. 17927-C-II of 2010:

Allowed as prayed for.

C. M. No. 17928-C-II of 2010:

This is application by Petitioners for modification of order dated 19.01.2010, whereby C. R. No. 4776 of 2009 filed by the applicant-Petitioners was disposed of directing attachment before judgment, of immovable property of the Petitioners.

Suit has been filed by Respondent No. 1 against Harnek Singh (since deceased and represented by Petitioners and Respondents Nos. 2 to 4) for recovery of Rs. 3,42,750/-. The suit has been filed under Order 37 of the CPC (in short - CPC). On application moved by Defendants i.e. Petitioners and proforma Respondents Nos. 2 to 4, the trial court, vide impugned order dated 21.07.2009 (Annexure P-3), granted leave to the Defendants to defend the suit, subject to furnishing of surety in the sum of Rs. 5,00,000/-. In the revision petition, vide order dated 19.01.2010, this Court directed attachment before judgment, of immovable property of the Petitioners.

In the instant application, the Petitioners have alleged that they are owners of 28 kanals of land and even 04 kanals of land can satisfy the decree as security amount was Rs. 5,00,000/-only, as directed by the trial court. The Petitioners have prayed that attachment before judgment be restricted to 08 kanals of land instead of attaching their entire land.

I have heard learned Counsel for the parties and perused the case file.

Learned Counsel for the applicant-Petitioners contended that the trial court had directed the Defendants to furnish the security in the sum of Rs. 5,00,000/-only. It was contended that as per verification report made by Patwari Halqa, market value of the land of the Petitioners is Rs. 17,00,000/-per acre, and therefore, even attachment of one acre of land would be more In C. R. No. 4776 of 2009 than sufficient to satisfy the decree.

Learned Counsel for Respondent No. 1 could not advance any meaningful argument to controvert the aforesaid submission of counsel for the applicant-Petitioners.

As noticed herein above, as per report of Patwari Halqa, market value of the land of the Petitioners is Rs. 17,00,000/-per acre. Suit filed by Respondent No. 1 is for recovery of Rs. 3,42,750/-. The trial court directed the Defendants to furnish security in the sum of Rs. 5,00,000/-only. Consequently, attachment before judgment, of one acre land only valuing Rs. 17,00,000/-would be more than sufficient to satisfy the decree that may be passed in favour of Plaintiff-Respondent No. 1.

In view of the aforesaid, the instant application is allowed and order dated 19.01.2010 passed by this Court in C. R. No. 4776 of 2009 is modified and trial court is directed to restrict attachment before judgment of property of Petitioners and Respondents Nos. 2 to 4 to the extent of 08 kanals only and the remaining land, if attached, be released therefrom.