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- Appeal against order dismissing execution and accepting objections regarding property exemption from attachment and sale - Dispute over property being a residential house exempt from execution under Section 60, Code of Civil Procedure Analysis: 1. The appeal was filed against the order of the Subordinate Judge dismissing the execution and accepting objections that the property sought to be sold was a residential house exempt from attachment and sale. The history of the case involved a decree obtained by the present judgment debtor against another party, with subsequent objections raised regarding the ownership of the property in question. An agreement was reached between the judgment debtor and the auction purchaser to confirm the sale, subject to certain conditions. However, a legal representative of the original purchaser later sought the return of the purchase money, leading to the current dispute over the property's status as a residential house exempt from execution. 2. The judgment debtor produced witnesses and evidence to establish that the property in dispute was being used for residential purposes. On the other hand, the judgment creditor presented evidence suggesting that the property was a shop with upper storeys, challenging the residential classification. The court examined the definition of a residential house under Section 60 of the Code of Civil Procedure, emphasizing that if the property in question was the main residential house, it would be exempt from execution. Despite the presence of a shop on the ground floor, the court concluded that the property was primarily used for residential purposes and therefore qualified for exemption from attachment and sale. Consequently, the court upheld the decision of the executing court, dismissing the appeal and awarding costs to the respondent. This detailed analysis highlights the key points of the judgment, including the background of the case, the arguments presented by both parties, and the court's interpretation of the relevant legal provisions leading to the final decision.
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