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1998 Supreme(Kar) 569

H.N.TILHARI
MAHESH KUMAR VELJI – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates:
TUKURAM S.PAL

HARI NATH TILHARI, J.

( 1 ) THIS revision petition arises from the order dt. 6. 4. 1991 by civil Judge Gadag in Ex. Case No. 238/88. The application was made by the decree-holder for fixation of the reserve price at Rs. 2,50,000/ -. the judgment-debtors have filed their objections that the price or value of textile mill along with the residential quarters and other office buildings and the land would not be less than Rs. 6,00,000/ -. They stated that it may be even higher than Rs. 6,00,000/ -. They submitted that they had incurred expenditure of not less than Rs. 2,00,000/- while constructing the buildings. Judgment-debtors further contended that reserve price could not be fixed less than the decretal amount. They submitted that it should not be lower than the amount to be realised. The court below fixed the price at Rs. 5,00,000/- taking the view that the judgment-debtor himself says that it shall not be more than Rs. 6,00,000/ -. The court observes, admittedly, even according to the judgment-debtors the value of the properties is not less than Rs. 6,00,000/- though judgment-debtor No. 4 has contended in the negative form in his objections that the market price of these two lands




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