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As per case facts, the Petitioner challenged an Order dismissing his objections to the execution of a money Decree, arguing that the Executing Court failed to conduct an inquiry despite
...previous High Court directions. The Executing Court had dismissed the objections by relying on findings from the Petitioner's Regular Civil Suit, which was dismissed and whose appeal was pending. The Petitioner claimed title to the attached property. The question arose whether the Executing Court could dismiss objections without an independent inquiry or by relying on a pending appeal. Finally, the High Court quashed the impugned Order, remanding the matter for a fresh examination. It directed the Executing Court to conduct an inquiry or await the outcome of the related appeal. The Court also ordered the transfer of a connected civil suit for simultaneous hearing and issued directions regarding third-party rights and property vacation.
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