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1992 Supreme(Bom) 147

S.G.MUTALIK
State Bank of India, through its Branch at Ramdaspeth, Nagpur – Appellant
Versus
Javed Akhtar Hussain and another – Respondent


JUDGMENT - S.G. Mutalik, J.:---Against the impugned order passed by the 2nd joint Civil Judge, Senior Division, Nagpur below exhibit 6 in Special Darkhast No. 200 of 1991 dated 6-2-1992 by which lien created by the decree-holder Bank present applicant on the Term Deposit Receipt and Recurring Deposit Account (for short the T.D.R. R.D. A/C respectively) of the original judgment-debtor/present non-applicant No.2, is released, this civil revision application is filed by the applicant/decree-holder. 

2. The applicant filed Special Civil Suit No. 312 of 86 for recovery of Rs. 64,305.48 from the principal debtor/defendant No. 1 (present respondent No. 1-judgment-debtor) and the non-applicant No. 2 who stood as a surety to the non-applicant No. 1. Accordingly, the documents were also executed by the respondents in favour of the applicant. Both the non-applicants remained absent and hence the suit came to be decreed and subsequently, the applicant/decree-holder filed Special Darkhast No. 200 of 1991 on 16-8-1991 for recovery of the decretal amount, costs etc.

3. It is seen from the record that after the decree is passed in Special C.S. No. 312 of 1986, the non-applicant No. 2 deposited a s

























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