2025:UHC:399 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 1952 of 2022 Hon’ble Manoj Kumar Tiwari, J. 0 Mr. Gaurav Kumar, learned counsel for the petitioner. 2. Mr. Saurabh Kushwaha, learned counsel for the respondents. 3. Petitioner filed a Money Recovery Suit against respondent no. 1, which was decreed. The judgment and decree passed in favour of petitioner attained finality. Petitioner has put the decree in execution. 4. Before the Executing Court, respondent no. 2 filed objection stating that the property from which the Money Decree passed is sought to be satisfied, was mortgaged in his favour and that property has been sold out in a public auction to a third party. 5. In view of the stand taken by respondent no. 2, learned Executing Court passed order dated 13.05.2022 asking the petitioner to supply details of some other property belonging to respondent no.1 from which the money could be recovered. The said order has been challenged by petitioner in this writ petition. 6. This Court does not find any infirmity in the impugned order. Petitioner does not 2025:UHC:399 dispute the fact that respondent no. 2 was having first charge over the property in question, which was sold out by respondent no. 2 for recovery of outstanding dues. Thus, the order passed by Executing Court cannot be faulted. There is no scope for interference in the matter. 7. The writ petition is, accordingly, disposed of with liberty to petitioner to move appropriate application before the Executing Court. (Manoj Kumar Tiwari, J.) 09.01.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.11 13:13:25 +05'30' 2025:UHC:399