SHAMSUNDAR AND COURT VS. SHA SUNNILAL VESAJI AND COURT

( 1 ) THESE two revision petition s arise our of proceedings under second. 73 of the Code of Civil procedure. In civil Revision Petition 827/59 the petitioner was a decree-holder who had obtained a decree against the judgment-debtor against whom the respondent had also obtained a decree. Both these decree-holders had attached certain movable properties belonging to their judgment-debtor and these movable were sold and the money realised by the sale was received by the court on March 17, 1959. By the time those assets were received by the court, both these decree-holders had made applications for the execution of their decrees.

( 2 ) AFTER the court below directed payment of the amount in deposit in court realised by the sale to the respondent -decree-holder, the petitioner-decree-holder made an application to the court below reminding that court that his own execution application was will pending before it, and that therefore there should be no payment of the entire amount to the respondent -decree-holder but that the assets in court should be ratably distributed between the two decree-holders. That application was presented a

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