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1998 Supreme(SC) 392

G.B.PATTANAIK, G.N.RAY
Tasaddug Hussain Khan – Appellant
Versus
Shiv Nath Sahu – Respondent


Order

This appeal is directed against the order passed by the Allahabad High Court on April 17, 1980 in Second Appeal No. 2269/1968 being connected with Second Appeal No. 2270/1968. By the impugned judgment, the High Court disposed of the Second Appeal and the cross objection filed by the parties, inter alia, holding that the judgment-debtors respondents were entitled for the restitution of possession of the property pur­chased by the appellant in auction in execution proceeding and also for a sum of Rs. 20,309/- from the auction purchaser-appellant by way of damages and mesne profits subject to payment of Rs. 8,000/- by the said judgment-debtors to the auction purchaser.

2. It may be stated here that the appellant purchased the property belonging to the predecessor-in-interest of the judgment-debtors in auction in execution of money decree passed against the judgment-debtors. After such auction purchase, the property was again put to auction in execution of the another money decree obtained by a differ­ent decree holder and the judgment-debtor in order to save the proper­ty had put the decretal amount in order to avoid further sale in execution of the said decree. An application for










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