Suresh Kumar vs Daryao Singh Kashyap And Anr on 24 January, 2019
Learned counsel for the appellant relies upon the judgment of
the Delhi High Court in V.P. Arora versus Punjab National Bank 1992
(48) DLT 367 and the judgment of this High Court in Narender Singh
versus Krishan and others 2017 (3) RCR (Civil) 225 to urge that in case
there is only one residential house with the judgment debtor, the same
should not be attached. Learned counsel for the appellant submits that the
appellant is ready and willing to return the amount, which is alleged to have
been given to the appellant. It is, thus, prayed that this appeal be allowed,
impugned judgment and decree dated 09.03.2017 passed by the learned
Additional Civil Judge (Senior Division), Karnal as well as judgment and
decree dated 23.10.2018 passed by the learned Additional District Judge,
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RSA No. 14955 of 2018 (O&M) 5
Karnal be set aside and suit filed by the plaintiff - respondent No. 1 be
dismissed throughout.