IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 276 CR-915-2023 Date of Decision.:13.05.2025 M/s Hari Chand Sons …..Pe//oner Vs. Gurpreet Singh .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vishwajeet Singh, Advocate for Mr. Prince Goyal, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) In a suit for recovery filed by peoner- plainff M/s Hari Chand Sons, an applicaon under Order XXXVIII Rule 5 CPC for a-achment of certain property of the defendant- respondent was moved. The said applicaon was declined by the trial Court by way of the impugned order dated 15.09.2022 which has been assailed before this Court. 2. On 09.02.2023, following order was passed by this Court: “Inter alia contends that the trial Court has not taken into consideraon copy of the jamabandi for the year 2016-17 whereby the peoner had demonstrated before the Court that the land held by the peoner in 4 khewats, out of which the defendants had sold about 3 kanal 4 marlas i.e. 72/745 share out of 183/745 share of the total khewat 37 kanal 5 marlas vide sale-deed dated 04.11.2022, and 1/16 share of land in 15 kanal 6 marlas and 1/6th share in 1 kanal and 19 marlas were held in distress. It is, thus, submi*ed that the Court below as was not correct to observe that the plainff-applicant has not brought on record any tangible material for the Court to arrive at a subjecve sasfacon in terms of the provisions of Order 38 Rule 5 CPC. It is further contended that the guidelines laid down in Onkar Mal Mi al vs. State Bank of Paala, AIR 1992 P&H 104, have not been taken into consideraon while dismissing the applicaon seeking a*achment before judgment. NEETIKA TUTEJA 2025.05.14 16:50 I attest to the accuracy and integrity of this document CR-915-2023 Noce of moon returnable for 11.04.2023. Noce re: stay.” 3. On 11.04.2023, despite service, nobody put in appearance on behalf of the respondent- defendant. This Court adjourned the ma-er for 23.08.2023 and in the meanme, respondent was directed not to alienate his share in Khewat No.1878/1737, khatauni No.2588 at Village Poohla, Tehsil Bathinda (Nathana), District Bathinda ll the next date of hearing. The said interim order has connued from me to me. 4. When the ma-er has been listed for final hearing, nobody has appeared for the respondent even today. 5. Learned counsel for the peoner- plainff informs that plainff has concluded its evidence on 13.02.2024 and even the defendant had closed his evidence on 18.10.2023 and as of now, case is fixed before the trial Court for 28.05.2025 for consideraon of an applicaon for addional evidence. 6. Having regard to the aforesaid facts and circumstances, when both the pares have concluded their evidence, it will in the fitness of things, if the order dated 11.04.2023 passed by this Court is allowed to connue, whereby respondent- defendant was directed not to alienate his share in Khewat No.1878/1737, khatauni No.2588 at Village Poohla, Tehsil Bathinda (Nathana), District Bathinda, ll the disposal of the suit by the trial Court. The present peon is hereby disposed of accordingly. (DEEPAK GUPTA) JUDGE May 13, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.05.14 16:50 I attest to the accuracy and integrity of this document