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1957 Supreme(Bom) 46

M.C.SHAH
Nalinkant Bhanushanker Dave – Appellant
Versus
Hiralal Amratlal Parekh and others – Respondent


ORDER : This is a revision application against an order of the Civil Judge, Senior Division, Rajkot, allowing an application made by opponents 1 and 2 Hiralal Amratlal and Ramniklal Amratlal for the removal of attachment under O. 21, R. 58, C. P. Code levied by the present applicant Nalinkant Bhanushanker in execution of a money decree obtained by him against opponents 3 to 9 in civil suit No. 70 of 1950 of the Rajkot Civil Court. It is necessary to set out certain facts in order to under stand and appreciate the dispute properly. The property attached is a theatre known as Nutan Theatre situated at Rajkot. This property along with other property was owned by opponents 3 to 9 (original defendants 2 to 8) and was mortgaged by them to Hiralal Amratlal, opponent 1, and his brother Jayantilal Amratlal and in suit No. 415 of 1950 of the Rajkot Court the said mortgagees obtained a decree on the mortgage for Rs. 4,95,000 together with costs and further interest. One Nautamlal Chhotalal Tej-pal then offered to purchase the Nutan Theatre from opponents 3 to 9 and the said opponents 3 to 9 passed an agreement of sale in his favour for Rs. 4,40,005. Nautamlal paid the consideration to the sai



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