JUDGEMENT
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(1.) Charan Kaur wife of judgment debtor Gurjant Singh
(respondent no. 4 herein) has filed this execution first appeal assailing
order dated 10.6.2011, passed by the executing court i.e. learned Additional
District Judge, Moga thereby dismissing objection petition Annexure P/2
filed by the objector-appellant.
(2.) Arbitration award dated 8.5.2001 was passed in favour of
Financier respondent no. 1 herein (decree holder-DH) against respondents
no. 2 to 4 herein (judgment debtors-JDs). JDs filed petition under section
34 of the Arbitration and Conciliation Act, 1996 (in short, the Act) for
setting aside the said arbitration award. The petition was filed on
4.10.2002 and has been dismissed vide order dated 17.1.2008, Annexure
P/1.
DH filed execution petition against JDs on 17.11.2005.
(3.) Appellant Charan Kaur who is wife of respondent no. 4 JD Gurjant Singh
filed objection petition Annexure P/2 alleging that she is owner in
possession of 1/10
th
share in the land in question. It has been attached vide
report dated 19.7.2010. However, the said land was not liable to attachment
being owned by the objector and not owned by the JDs. It was pleaded that
the disputed attached land (share in the land) was transferred to the objector
by respondent no. 4 JD vide registered transfer deed dated 3.3.2008.;
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