P&H: Releases Land From Attachment After Execution Case Was Withdrawn

punjab-haryana
⚖️ Order Date: 13 Oct 2026
Headnotes

(i) Civil Procedure Code, 1908, O.21.R.57(2) — Execution — Attachment of property — Once execution application stood withdrawn without any direction for continuance of attachment, attachment ceased by operation of law. (Para 8)

(ii) Civil Procedure Code, 1908, O.21.R.57(2) — Execution — Attachment of property — Sale deed before attachment — Courts below failed to examine effect of registered sale deed executed in favour of appellants more than four years before attachment, or to determine whether judgment debtor...


Facts of the Case

P&H: Releases Land From Attachment After Execution Case Was Withdrawn

The Punjab and Haryana High Court has set aside orders refusing to release 4 kanals and 8 marlas of land from attachment, holding that the attachment ceased when the decree-holder’s execution application was withdrawn without an order continuing it.

The dispute arose from a recovery decree against Pippal Singh. During execution proceedings, land was attached in October 2017. The execution application was later withdrawn in July 2018, with liberty to file a fresh application after verifying the deceased judgment debtor’s legal heirs. The withdrawal order did not direct that the attachment should continue.

The appellants said they had purchased the...

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