KRISHNA S.DIXIT
RAHUL S SHAH – Appellant
Versus
JINENDRAKUMAR GANDHI S/O SRI MULCHAND GANDHI – Respondent
ORDER :
1. About a century & a half ago, the Privy Council speaking through RIGHT HON. SIR JAMES COLVILE, in the case of THE GENERAL MANAGER OF THE RAJ DURBHANGA VS. MAHARAJAH COOMAR RAMAPUT SINGH (MOORE’S INDIAN APPEALS 187172, VOL.14, page 605) had observed as under:
The above observations which prove truer today should set the tone for the hearing & disposal of a set of these cases which seek to lay a challenge to the execution proceedings.
2. All these cases i.e., the Writ Petitions and the Regular First Appeals arise from several orders/directions issued by the learned VI Addl. City Civil Judge, Bangalore in Execution No.458/2007 c/w Execution No.459/2007, filed by the respondent D Hrs. The brief facts leading to the institution of these cases are as under:
(a) The land in Municipal Corporation No.327, Mysore Road, Bangalore, in all approximately admeasuring 1 acre & 04 guntas i.e., 47,916 sq. ft was bought by one Smt. Narayanamma, the judgment debtor vide registered sale Deed 17.03.1960;
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