Hemant Gupta, J. - (1.) THE challenge in the present revision petition is to the order passed by the learned Executing Court oil 6.10.2003, whereby the objections filed by the petitioners against the attachment of the property in dispute, were dismissed. The appeal against the said order was also dismissed on 9.5.2005.
(2.) THE decree holder filed a suit for recovery of the amount of Rs. 1,88,806/ - on 4.6.1996 against the Judgment Debtor Ranjit Singh. The said suit was decreed in appeal on 20.2.2001. The trial Court had earlier dismissed the suit on 28.9.1998. The learned trial Court in the aforesaid suit for recovery passed an order of attachment before judgment on 4.6.1996. Defendant Ranjit Singh executed three sale deeds of the land owned by him. The first sale deed was executed on 29.5.1997 in the sum of Rs. 82,000/ -and another on 10.6.1997 in, the sum of Rs. 25,000/ - in favour of the present petitioners. Another sale deed was executed in favour of one Gurmel Singh on 11.5.2000 i.e. after the suit was dismissed by the learned trial Court but before the suit was decreed in appeal.
(3.) THE learned Executing Court dismissed the objections filed by the petitioners on the ground that the sales effected in favour of the petitioners are void as such sales have been effected in the face of attachment orders. However, the objections of Gurmel Singh, co -objector with the present petitioners, were accepted as he has purchased the property after the order of attachment came to an end with the dismissal of the suit in the yea; 1998 and thus, the sale in his favour cannot be said to be void.;