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1970 Supreme(Bom) 19

R.R.BHOLE
Dudharam Janardan Chimurkar – Appellant
Versus
Balaji Raghobaji Band and Anr – Respondent


JUDGMENT - 1. This is an application in revision by the decree-holder who had attached the house of opponent No. 2, who is the judgment-debtor, on 23-2-1965 in execution of his decree passed against him, on 19-12-1964. The judgment-debtor was in possession of the house when it was attached. The judgment-debtor was alleged to have sold the house to opponent No. 1, who is the objector, on 11-1-1965 as per the registered sale-deed. The opponent No. 1 objected to the attachment of the house under Order 21, Rule 58, Civil P. C., on 19-4-1965, on the ground that the property belongs to him. The applicant-decree-holder has contested the claim of the objector on the ground that the sale deed is fraudulent and bogus and that as a result of such transaction the objector could not acquire any legal title thereunder. He has also pleaded that the house which he attached was from the possession of the judgment-debtor.

2. The learned Civil Judge, who heard this application under Order 21, Rule 58, Civil P. C. considered the evidence and, according to him, the fact that the house was attached from the possession of the judgment-debtor was of no consequence at all and was irrelevant when it was swor











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