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1951 Supreme(Bom) 8

Y.V.DIXIT
Nanalal Bhogilal and Anr. – Appellant
Versus
Ambalal Somnath – Respondent


Judgment

Dixit, J.

1. This is a second appeal in execution which raises an interesting question of jurisdiction.

2. The decree sought to be executed was passed on 5-10-1945. It was a decree by consent. The suit in which the decree was passed was suit No. 496 of 1942 filed by one Raval Goculeshwar Maganlal in the Court of the Joint Civil Judge, Junior Division, Ahmedabad. The suit was to enforce a mortgage executed in his favour on 6-5-1932, by two defts., who are father son, who are appellants in the present appeal. In the suit was also another party as deft. 3, who is the respondent to the present appeal. Defts. 1 2 effected three mortgages, subsequent to the first mortgage in favour of deft. 3 those three mortgages are dated 16-12-1932, 27-11-1933 17- 5-1938. The mortgage in favour of the plff. was one in order to secure a sum of Rs. 1,200 the mortgages in favour of deft. 3 were respectively to secure Rs. 1,300, Rs. 1,500 Rs. 4,000. The mortgage in favour of the plff. was one with possession.

3. In the suit in question the plff. the defts came to an agreement or compromise the agreement was embodied in a decree. There are several parts of the decree which are set ou










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