SAMEER SINGH Vs. ABDUL RAB
LAWS(SC)-2014-10-16
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
October 14,2014
Sameer Singh
Appellant
VERSUS
Abdul Rab
Respondents
Referred Judgements :-
KESHARDEO CHAMRIA VS. RADHA KISSEN CHAMRIA [REFERRED TO]CHAUBE JAGDISH PRASAD VS. GANGA PRASAD CHATURVEDI [REFERRED TO]
BHANWAR LAL VS. SATYANARAIN [REFERRED TO]
BABULAL VS. RAJ KUMAR [REFERRED TO]
BRAHMDEO CHAUDHARY VS. RISHIKESHPRASADJAISWAL [REFERRED TO]
GHASI RAM VS. CHAIT RAM SAINI [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
S RAJESWARI VS. S N KULASEKARAN [REFERRED TO]
RAM KUMAR TIWARI VS. DEENANATH [REFERRED TO]
JOY CHAND LAL BABU VS. KAMALAKSHA CHAUDHURY [REFERRED TO]
Cited Judgements :-
AGATHEESWARAR PRASANNA VENKATESA PERUMAL DEVASTHANAM VS. SUBRAMANIA CHETTIAR [LAWS(MAD)-2018-9-55] [REFERRED TO]JASWINDER PAL VS. VIKAS KUMAR [LAWS(P&H)-2015-3-546] [REFERRED TO]
POONAM DEVI VS. ARTI DEVI [LAWS(PAT)-2016-9-157] [REFERRED TO]
RAM PRAVESH RAI ESTATE (P) LTD. VS. RAJESH KUMAR SINGH AND ORS. [LAWS(PAT)-2016-1-53] [REFERRED TO]
SWAPAN CH. DAS VS. RAMAWATAR AGARWALA [LAWS(GAU)-2018-11-168] [REFERRED TO]
SK NIZAM SK GULAB VS. FAHIM IBRAHIM PATHAN AND OTHERS [LAWS(BOM)-2017-3-301] [REFERRED TO]
N.H. SHIVAMURTHY AND ORS. VS. MARK GOMEZ AND ORS. [LAWS(KAR)-2015-7-148] [REFERRED TO]
KHASGI DEVI AHILYABAI HOLKAR CHARITIES TRUST VS. KRISHNA KUMAR DWIVEDI [LAWS(ALL)-2019-10-28] [REFERRED TO]
PRIYANKA KUMARI VS. URMILA SINHA [LAWS(PAT)-2024-4-5] [REFERRED TO]
ORION INDIA (PVT.) LTD. VS. SRI MUKUL SHARMA [LAWS(GAU)-2017-7-117] [REFERRED TO]
SHIVAJI VS. JIJABAI PRABHAKAR ALWANE AND ORS. [LAWS(BOM)-2015-10-95] [REFERRED TO]
VED KUMARI VS. MUNICIPAL CORPORATION OF DELHI [LAWS(SC)-2023-8-75] [REFERRED TO]
PREM SINGH S/O SH. BHAIRU SINGH VS. AMARI DEVI [LAWS(RAJ)-2019-4-87] [REFERRED TO]
SANJAY KUMAR YADAV VS. KAUSHAL KUMAR MISHRA [LAWS(PAT)-2024-5-48] [REFERRED TO]
PRADEEP RAMGOPAL GUPTA VS. RUKMINIBAI RAMMANOHAR SHAHU [LAWS(BOM)-2020-2-140] [REFERRED TO]
C. MURUGAN VS. THILAGAVATHY AND ORS. [LAWS(MAD)-2014-12-258] [REFERRED TO]
RISHI JANGHEL VS. CHANDRABHAN KRIPLANI AND OTHERS [LAWS(CHH)-2018-3-24] [REFERRED TO]
SYED MOHAMED VS. KOYATTI [LAWS(KER)-2018-1-267] [REFERRED TO]
SMT. NARAYANAMMA VS. K. NANJEGOWDA [LAWS(KAR)-2016-6-176] [REFERRED TO]
VIJAY KUMAR TEVRAIYA VS. REGISTRAR PUBLIC TRUST AND SUB DIVISIONAL OFFICER (REVENUE) TIKAMGARH [LAWS(MPH)-2024-2-2] [REFERRED TO]
KHATUN AND ORS. VS. ADINATH TEXTILES AND ORS. [LAWS(RAJ)-2015-5-151] [REFERRED TO]
BHIM PRASAD SAH VS. RAGHUWAR SHARAN [LAWS(PAT)-2023-8-66] [REFERRED TO]
SALIK RAM SINGH VS. ADDL. DISTRICT JUDGE COURT NO.3 GONDA [LAWS(ALL)-2022-2-121] [REFERRED TO]
SHRI RAM VS. RAJESHWAR AND 6 OTHERS [LAWS(ALL)-2019-3-172] [REFERRED TO]
SUPER DIAMOND NIRMAN PRIVATE LIMITED VS. DEEPAK AGARWAL & ORS. [LAWS(CAL)-2017-1-43] [REFERRED TO7]
DECENT DIA JEWELS PRIVATE LIMITED VS. DENA BANK [LAWS(GJH)-2018-7-260] [REFERRED TO]
DECENT DIA JEWELS PRIVATE LIMITED THRU ITS DIRECTOR CHETAN RAMNIKLAL SHAH VS. DENA BANK [LAWS(GJH)-2018-8-20] [REFERRED TO]
SATHISH KAMATH AND ORS. VS. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL AND ORS. [LAWS(KAR)-2015-9-21] [REFERRED TO]
KAVITHA BALAJI AND ANOTHER VS. STATE OF TELANGANA AND 12 OTHERS [LAWS(APH)-2016-8-63] [REFERRED]
MOST HAZARA KHATOON W/O LATE MD QURBAN VS. MD KALIM S/O LATE MD QURBAN [LAWS(JHAR)-2015-5-96] [REFERRED TO]
M. SYED MOHAMED VS. P.T. KOYATTI [LAWS(KER)-2018-1-751] [REFERRED TO]
DEPUTY DIRECTOR, E.S.I.C VS. WARD MEMORIAL CHURCH SCHOOL [LAWS(CAL)-2023-9-117] [REFERRED TO]
PARK STREET PROPERTIES (P) LTD VS. DIPAK KUMAR SINGH & ANR [LAWS(CAL)-2017-11-145] [REFERRED TO]
KABITA DAS AND OTHERS VS. SUBRATA SARKAR AND ANOTHER [LAWS(CAL)-2017-12-282] [REFERRED TO]
RAHUL SHUKLA VS. SONRAJ GOLCHA S/O PUKHRAJ GOLCHA [LAWS(CHH)-2016-11-50] [REFERRED TO]
NAGAR PALIKA PARISHAD VS. SUNDER [LAWS(UTN)-2016-5-21] [REFERRED TO]
NISHA VS. P. RAMASWAMY [LAWS(KER)-2021-3-79] [REFERRED TO]
BEDRAM @ PRETRAM SAHU VS. URMILA BAI SAHU [LAWS(CHH)-2022-10-1] [REFERRED TO]
AVANTIKA AGRO SERVICES PRIVATE LTD. VS. JUDGE SMALL CAUSE COURT [LAWS(ALL)-2018-9-203] [REFERRED TO]
SHRI RAM VS. RAJESHWAR [LAWS(ALL)-2019-1-241] [REFERRED TO]
RAMPRASAD RAMCHANDRA ACHARYA VS. ANIL JIVATRAM SAVLANI [LAWS(GJH)-2016-5-105] [REFERRED TO]
OM PRAKASH DUBEY VS. TATA IRON [LAWS(JHAR)-2019-11-61] [REFERRED TO]
S LINGAMURTHY VS. ROSE AMMAL [LAWS(MAD)-2019-8-56] [REFERRED TO]
PRADEEP RAMGOPAL GUPTA VS. RUKMINIBAI RAMMANOHAR SHAHU AND OTHERS [LAWS(BOM)-2020-2-67] [REFERRED TO]
RAMESH KUMAR VS. RAKESH KUMAR [LAWS(HPH)-2015-5-43] [REFERRED TO]
HAJI KUNNI KHAN VS. KAPIL AGRAWAL [LAWS(ALL)-2018-9-206] [REFERRED TO]
BHAGYA NAGAR PLOT OWNERS WELFARE ASSOCIATION VS. PRIME PROPERTIES AND ORS [LAWS(APH)-2018-2-61] [REFERRED TO]
MEHABOOB VS. P THIMMAPPA [LAWS(KAR)-2019-3-459] [REFERRED TO]
DHANALAKSHMI VS. KAVITHA [LAWS(MAD)-2018-1-15] [REFERRED TO]
ABUL HASSAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-11-56] [REFERRED TO]
SHRI MALLAPPA SHIVLING NANDANI VS. SHRI BHUSHAN PRAKASH RISBUD [LAWS(BOM)-2016-3-25] [REFERRED TO]
SAMEER DATTATRAYA DESHPANDE VS. KISHOR SHAMRAO JADHAV [LAWS(BOM)-2022-6-241] [REFERRED TO]
MADAN WAMAN CHODANKAR VS. KESHAV MALIK HARDWARE CORP [LAWS(BOM)-2022-7-131] [REFERRED TO]
SWAPAN CH. DAS AND 4 ORS. VS. RAMAWATAR AGARWALA AND 13 ORS. [LAWS(GAU)-2017-11-64] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)The Universal Construction Company, the respondent No. 3 herein, instituted Civil Suit No. 480 of 1971 in the High Court of Calcutta invoking its original civil jurisdiction for realization of a sum of Rs.2,15,289.28 paise from the Engineers Syndicate (India) Private Limited, the 4th respondent herein, and an ex parte decree was passed in the suit. After obtaining the decree, respondent No. 3 assigned the same in favour of Abdul Rab, respondent No. 1 herein, on 20th May, 2005. After the deed of assignment was given the formal shape, the 1st respondent moved the High Court of Calcutta and got the said decree transferred to the Court of Sub Judge-I, Jamshedpur for execution by way of attachment and sale of immovable properties of the 4th respondent situated within the jurisdiction of the executing Court. Thereafter, the 1st respondent filed an execution case against the 4th respondent. A schedule of property was attached to the execution petition.
(3.)As the factual matrix would unfurl, the executing court after receipt of the decree on 23.8.2006 issued notice to the 4th respondent by registered post and when the service was not effected, mode of publication was taken recourse to for appearance of the judgment-debtor. Eventually, the execution case was fixed for ex parte hearing on 9.3.2007 on the petition of the assignee-decree-holder. After following the procedure, the scheduled property was put up for sale by way of auction and ultimately Abdul Rafai, respondent No. 2, purchased the property and pursuant to the order of the Court took over possession of the said immovable property.
(2.)The Universal Construction Company, the respondent No. 3 herein, instituted Civil Suit No. 480 of 1971 in the High Court of Calcutta invoking its original civil jurisdiction for realization of a sum of Rs.2,15,289.28 paise from the Engineers Syndicate (India) Private Limited, the 4th respondent herein, and an ex parte decree was passed in the suit. After obtaining the decree, respondent No. 3 assigned the same in favour of Abdul Rab, respondent No. 1 herein, on 20th May, 2005. After the deed of assignment was given the formal shape, the 1st respondent moved the High Court of Calcutta and got the said decree transferred to the Court of Sub Judge-I, Jamshedpur for execution by way of attachment and sale of immovable properties of the 4th respondent situated within the jurisdiction of the executing Court. Thereafter, the 1st respondent filed an execution case against the 4th respondent. A schedule of property was attached to the execution petition.
(3.)As the factual matrix would unfurl, the executing court after receipt of the decree on 23.8.2006 issued notice to the 4th respondent by registered post and when the service was not effected, mode of publication was taken recourse to for appearance of the judgment-debtor. Eventually, the execution case was fixed for ex parte hearing on 9.3.2007 on the petition of the assignee-decree-holder. After following the procedure, the scheduled property was put up for sale by way of auction and ultimately Abdul Rafai, respondent No. 2, purchased the property and pursuant to the order of the Court took over possession of the said immovable property.
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