If the attachment of the judgment debtor’s property takes place during the execution proceedings, then the executing court shouldn’t order the sale of the whole property when the part of the property could satisfy the decree, the Supreme Court says in Bhikchand S/O Dhondiram Mutha (deceased) thru LR’s v Shamabai Dhanraj Gugale (Deceased) [2024 INSC 411].
The SC adds that the execution of a decree by sale of the immovable property of the judgment debtor is not to penalise him but to grant relief to the decree holder and to confer him the fruits of litigation.
The right of a decree holder is only for realisation of a certain amount from the attached property but it should not amount to exploitation of the judgment debtor by selling his entire property.
Therefore, the courts have no authority to sell the entire property if selling of a part of it is sufficient to satisfy the decree.
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