HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is to consider an application filed by the Jdr praying for passing an order to execute the attachment of movable and immovable properties of the Jdr.

2. Heard the Learned Advocate appearing for the Jdr. Perused the record including application being No. IA/333/2024 and other documents.

3. Having heard the Learned Advocate appearing for the Dhr and on careful perusal of the application including the coy of Deed of Conveyance dated 20.01.2011 filed by the Dhr, it appears to me that by the instant application the Dhr has prayed for passing an order to execute the attachment of movable and immovable properties as mentioned in the schedule of the said petition. The Jdr has clearly and categorically stated in the said petition that this Commission has the authority for attachment of the movable and immovable properties of the Jdr No. 1 as mentioned in the schedule of the application. To prove the same the Jdr has filed a copy of Deed of Conveyance dated 20.01.2011. The said copy of Deed of Conveyance discloses that the Jdr is not the absolute owner of the properties as mentioned in the schedule of the petition. He is one of the co-owners of the flat. It is settled principle of law that joint property cannot be attached and sold in execution of a decree and / or order.

4. Learned Lawyer appearing for the Dhr has argued that this Commission has got power to attach the joint property and in support of his argument he has drawn the attention to the provision of order No. 21 , Rule 13 of the Code of Civil Procedure.

5.  I think that the said provision of the Code of Civil Procedure does not apply in the instant case as because the Jdr has nowhere stated in the petition about the specific portion of the flat of the Jdr’s share or interest of such flat which should be attached by this Commission.

6. Under this facts and circumstances, I am of the view that the said application filed by the Jdr is not maintainable in law and is liable to be dismissed.

7. In the result, the Interlocutory application being No. I.A./333/24 dated 20.05.2024 filed by the Dhr is dismissed without any costs.

8. The Dhr is directed to take steps for compliance of the order by the Jdrs by 23.10.2024.

9. The I.A. is disposed of accordingly.