Order No. 1 contd….       Date: 28.07.2022

The application under Order XXI Rule 13 read with Section 71 of Consumer Protection Act, 2019 filed by the judgement/debtor no.3 supported by affidavit is taken up for hearing. Copy not served.

However, Ld. Advocate for the decree holder is present.

Perused and considered the application mentioned above. Heard Ld. Advocate for the judgement/debtor no.3 as well as Ld. Advocate for the decree holder.

Ld. Advocate for other judgement/debtors are present but made no submission.

Ld. Advocate for the judgement/debtors no.3 submits that judgement/debtor no.3 has no objection against the statement of account filed by decree holder in execution case no. EA/19/2021.

judgement/debtors no.3 prays for attachment of total rental income of premises No.37C, Manilal Saha Lane, Kolkata-700013 with an alternative prayer to sell of the shares of all the jedgement/debtors through auction and the sale proceeds be adjusted with the decreetal amount and balance amount, if any, be distributed amongst the judgement/debtors according to their share.

In paragraph no. 6 of the application, the judgement/debtors no.3 categorically stated that she filed copies of Title deeds as well as partition deed of the premises along with affidavit.  But no such documents have been annexed with the MA application. Moreover,  judgement/debtors no.3 does not disclose the details of her other movable and immovable properties.

In such context, the prayer of judgement/debtors no.3 cannot be allowed.

Thus the application under order XXI Rule 13 CPC read with Section 71 of Consumer Protection Act, 2019 dated 20.07.2022 stands rejected without cost.