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2001 Supreme(Bom) 354

D.D.SINHA
Arni Vividh Karyakari Sahakari Sanstha Limited – Appellant
Versus
Maharashtra State Co-operative Marketing Federation Limited and another – Respondent


JUDGMENT - D.D. SINHA, J.:---Rule returnable forthwith. Heard finally by consent of Shri Dharmadhikari, learned Counsel for the applicant, Shri Kothari, learned Counsel for the respondent No. 1 and Shri Bhangade, learned Counsel for the respondent No. 2.

2. The civil revision application is directed against the order dated 20-12-2000 passed by the Civil Judge, Senior Division, Yavatmal below Exhs. 58 and 61 in Special Darkhast No. 34/1988 whereby the Executing Court has rejected Exh. 58 and allowed Exh. 61. The facts which give rise to the controversy, in nutshell, are as follows.

3. The respondent No. 1 decree holder filed execution proceedings against the present applicant/judgment debtor for recovery of Rs. 2,48,377.96, which were registered as Special Darkhast No. 34/1988. The decree holder during the pendency of the execution proceedings applied for attachment and sale of plot admeasuring 60' x 100' (6000 sq.ft.) along with the building situated at Arni, Tahsil Arni, District Yavatmal. The Executing Court directed auction of the property in question. The Executing Court held auction on 18-10-1995 and respondent No. 2 gave a bid for Rs. 67,900/-. The same being highest, was acc
































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