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1975 Supreme(Pat) 87

S.K.JHA
Most. Lagan Barta Devi – Appellant
Versus
Suba Rai – Respondent


Judgment

1. This application in revision is directed against an order dated 6-6-1970 passed in Miscellaneous case 40 of 1970 arising out of Execution Case 147 of 1958 pending in the Court of 1st Subordinate Judge, Arrah. The objector to the execution proceeding is the petitioner.

2. The short facts giving rise to this application may be stated thus. The decree-holders opposite parties 1 to 11 obtained a mortgage decree against opposite parties 12 to 14 in a suit on the basis of a mortgage bond dated the 18th of March, 1952. The mortgage decree passed by the trial Court was substantially affirmed by a Bench of this Court in First Appeal 398 of 1959 by a Judgment and decree dated the 9th of August, 1963 (Pat). The effect of the decree as it stood affirmed by this Court in aforesaid first appeal was that the properties mortgaged, namely, a two-storey brick-built house in mohalla Shivaganj and 20 karis of land with a mudbuilt house having tiled roof situate in the same Mohalla were, inter alia to be sold in execution of the mortgage decree. In the proceeding for execution of the decree levied by the decree-holders (O. P. 1 to 11), opposite parties 15 and 16 raised an objection that they





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