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2002 Supreme(Bom) 510

D.Y.CHANDRACHUD
Mangilal Narsingdas Gattani – Appellant
Versus
Shaligram Ukarda Payghan – Respondent


JUDGMENT - CHANDRACHUD D.Y., J.:---Regular Civil Suit No. 169 of 1974 was instituted by the applicant, who is the decree-holder, for the recovery of an amount of Rs. 1,960.40. The suit came to be decreed on 21-9-1974. The applicant thereafter took out execution proceedings in the form of Regular Darkhast No. 98 of 1984. On 19-9-1984 summons in the execution proceedings came to be served on the respondent, who was the judgment-debtor. A warrant of attachment in pursuance thereof was issued on 4-4-1985 and the warrant of attachment was served on the judgment-debtor on 10-6-1985. On 5-11-1985 the sale proclamation under Order XXI, Rule 66 of the Code of Civil Procedure came to be settled and it is common ground that the judgment-debtor was present through his Advocate, Mr. Nikus. On 19-12-1985, since the warrant in pursuance of the sale proclamation had not been served on the judgment-debtor, a fresh date was granted by the Executing Court. On 11-2-1986 when the matter came up before the Executing Court the judgment-debtor was served and had appeared through his Advocate and a fresh sale schedule was accordingly fixed and the sale proclamation at Exhibit 18 came to be issued. The sale















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