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2004 Supreme(Bom) 1287

B.P.DHARMADHIKARI
Nandkishor Daulatrao Shelke – Appellant
Versus
Baban Vitthal Mhaske & another – Respondent


JUDGMENT - Dharmadhikari B.P., J.: - In this Civil Revision Application filed under section 115 of Civil Procedure Code, the Revision applicant has challenged the order dated 14-3-1996 passed below Ex. 1. In M.J.C. No. 93 of 1994 and has further prayed for declaration that sale of property involved in the said M.J.C. be declared as void.

2. The facts of the case stated in brief are that the present Revision applicant is the owner of field Gat No. 99, Area 3 Hectares 47 R, for Rs. 32.38. The present respondent No. 2 Shakuntalabai had obtained a decree for recovery of Rs. 7,000/- against Revision applicant on 24-6-1991 and for execution thereof she filed Regular Darkhast/Execution Case No. 101 of 1991. In that, she made prayer for attachment of property. The property came to be attached by warrant of attachment dated 20-12-1991 and the further process of sale of that field property was undertaken. The sale price of this property was fixed at Rs. 50,000/- on 4-1-1992. The sale was held by bailiff of civil Court on 30-12-1993 and bid of non-applicant No. 1 - Baban was accepted at Rs. 40,000/- being the highest value. It is pointed out that auction purchaser- Baban deposited ¼th amount o








































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