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2012 Supreme(Bom) 1388

U.V.BAKRE
Nav Prakash S. Pednekar – Appellant
Versus
Maharashtra State Financial Corporation – Respondent


Advocates appeared:
For the Appellant:Parag Rao, Advocate.
For the Respondents:R4, P. Talaulikar, Advocate.

Judgment :

U. V. Bakre, J.

This appeal is directed against the Order dated 09/09/2003 passed by the learned District Judge, South Goa (trial Court) in Civil Miscellaneous Application(C.M.A.) No. 4 of 1992.

2. In the said application(C.M.A. No. 4/1992) filed by the respondent no.1 (hereinafter referred to as “MSFC”) under Sections 31 and 32 of State Financial Corporation Act, 1951, against the above named respondents no. 2 and 3, the trial Court had ordered attachment of houses no. 144, 144/A and 144/B of Ward no.1 at Nagorcem, Canacona, which, in terms of the house-tax records maintained by the Canacona Municipal Council, were registered in the name of respondent no. 2. A warrant of attachment of immovable property under Order XXI, Rule 54 of the Code of Civil Procedure (C.P.C.) was issued by the trial Court, in respect of the said houses, copies of which were duly affixed by the Bailiff of the Court on conspicuous part of the said houses; on the Court building at Canacona; and Taluka Revenue Office, Chaudi Canacona. Subsequently, proclamation of Sale under Order XXI, Rule 66 of C.P.C. was issued in respect of those houses bearing nos. 144, 144A, 144B, admeasuring 2794 square metres





























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