JUDGMENT - B.H. MARLAPALLE, J.:---The subject matter of this petition concerns the land located in Survey Nos. 11 to 16, 19 to 20, 21/1, 21/2, portion of Survey No. 4 and a portion of Survey Nos. 7, 8, 9 and 10, situated in Mohalla Daudpura locality within the city municipal limits of Aurangabad.

2. One Shri Ranchhoddas Anandidas Gujarathi claimed to be the owner of this property and he was facing attachment order in Execution Proceedings No. 13/3 of 1956 in the District Court at Aurangabad wherein the decree holder one Shri S. Shriniwasrao and Yeshwantrao had prayed for execution of decree passed in their favour against the land holder namely Ranchhoddas Gujarathi. In the said proceedings, an application under Order XXI, Rule 83 of the Code of Civil Procedure was presented and permission was obtained to sell the attached property i.e. the agricultural land in the above mentioned survey numbers. Such a permission was granted on 6th August, 1958 by the Court and consequently the land holder agreed to sell the said property to Shri Hashimbhai Jetha through Shri Afzal Hussaini s/o Syed Abed Hussain Saheb, Shri Shaikh Lal Patel, Advocate, Shri Abdul Hamid Saheb, Proprietor of Silk Mills

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