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1995 Supreme(SC) 1279

B.N.KIRPAL, FAIZAN UDDIN, K.RAMASWAMY
Patel Natwarlal Rupji – Appellant
Versus
Kondh Group Kheti Vishayak – Respondent


Advocates:
P.C.KAPUR

ORDER

1. This special leave petition is directed against the judgment and order dated 18-6-1988 of the Division Bench of the Gujarat High Court rendered in First Appeal No. 11 of 1976.

2. A sum of Rs 1,31,596.07 was due from one Nagindas Tarachand as Secretary of the first respondent-Society and an award for recovery thereof was made against him. An extent of 58 acres, 13 gunthas of land bearing Survey No. 467 situated in Kondh Village of the debtor in Surendranagar in Gujarat State was attached on 1-2-1969 to recover the said dues. A public notice (Exh. 123) was published in Gujarat Samachar in March 1969. The petitioner filed Special Civil Suit No. 69 of 1971 in the Court of the Senior Civil Judge at Surendranagar for a declaration that the suit land was not liable to attachment and sale by public auction to execute the award made in favour of the first respondent-Society and also for permanent injunction restraining the second respondent (Sale Officer) from selling the land and also for perpetual injunction restraining them from interfering with the petitioners possession and enjoyment of the land. According to the petitioner, Bai Leelawati, wife of Nagindas, as General Power of







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