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2006 Supreme(Pat) 406

NAVANITI PRASAD SINGH
Sachida Nand Mishra – Appellant
Versus
Vishwanath Mishra – Respondent


Judgment

1. The present revision application is directed against an appellate order by which the findings of the trial Court in execution proceeding that the execution sale was valid has been reversed. The petitioner is the decree-holder and the Opposite Party is the judgment-debtor whose land has been auction-sold through process of Court in execution of the decree for cost. Brief fact material to appreciate the contention is that the plaintiff got a decree as against the defendant to cut and remove certain branches of Sertree at the cost of defendant. Defendant not having removed the same the plaintiff sought to execute the decree. The defendant says that having received such notice in execution he requested for time to do it himself.lt is further alleged that notwithstanding such prayer the plaintiff decree-holder then cut and removed the trees. The total cost incurred was about Rs. 150/-. To recover the said cost certain landed properties of the judgment-debtor was sought to be auctioned. The decree-holder was the sole applicant in the auction and purchased nine and half Kathas of land lying along municipal road for about Rs. 350/- in auction dated 2.7.1975. The sale was confirm



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