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1982 Supreme(Bom) 222

PADHYE
Gangabai – Appellant
Versus
Ratankumar – Respondent


Advocates:
C.P. Kalele, for Applicants; A.M. Gordey, for Opponents.

ORDER :- Madangopal Zumbarlal Chaudhari Agarwal of Achalpur city, taluka Achalpur, district Amravati obtained a preliminary decree against defendants Bhagwant and his two sons Prabhakar and Madhukar for foreclosure on the basis of a mortgage for Rupees 5,510.82 Ps and defendant having failed to pay the amount, applied on 19-2-1968 by Ex.1, application for making the decree final. Defendants filed an application under Section 24 of the Bombay Money Lenders Act claiming instalments. It was registered as M.J.C. No. 34 of 1968 (at places this is referred as M.J.C. No. 134/1968). This application was filed on 13-10-1968 (at some places this date is indicated as 4-11-1968). On 15-10-1968 defendants filed an application under Section 3 of the Madhya Pradesh Temporary Postponement of Execution of Decrees Act, 1956 (for short, referred to hereinafter as M.P. Act), praying for postponement of final decree proceedings in terms of the said Act. Say of plaintiffs was filed on 25-10-1969. The M.P. Act was extended from time to time and the last such extension was by Act No. 2 of 1967. The M.P. Act came into force on 28th March, 1956 and the total extension was for a period of 13 years and, there




































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