CHARAN KAUR Vs. PUNJAB KASHMIR FINANCE PRIVATE LIMITED AND OTHERS
LAWS(P&H)-2012-8-422
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 27,2012

CHARAN KAUR Appellant
VERSUS
PUNJAB KASHMIR FINANCE PRIVATE LIMITED AND OTHERS Respondents

JUDGEMENT

- (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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