DEVENDER GUPTA, S.K.AGARWAL
K. N. KHANNA – Appellant
Versus
B. K. KHANNA – Respondent
( 1 ) THERE two appeals arise out of common order dated 14. 7. 1999 passed by learned Single Judge of this Court deciding objections of the appellant to the execution of decree and thereby holding the Execution Application maintainable and consequently, directing the property in question to be put to sale by advertisement.
( 2 ) FACTS in brief are that properly No. 22, Ratendon Road, now known as 22 Amrita Shergil Marg, New Delhi including leasehold rights in the plot of land measuring 0. 91 acre was purchased jointly on 12-5-1955 by K. N. Khanna, the appellant and his late brother B. K. Khanna. Their divorced sister Mrs. Kamla Rathour and mother Mrs. Shama Khanna also lived in the properly in separate portions. On 6-2-1973 suit No. 59/73 was filed by Industrial Finance Corporation of India (IFCI) against K. N. Khanna and B. K. Khanna and the family Company, namely B. K. Khanna and Company Private Limited, who were guarantors to the loan advanced by IFCI to Shama Forge Limited, a Company promoted by B. K. Khanna and Company Private Limited. By an interim order passed on 6-2-1973 B. K. Khanna and K. N. Khanna were restrained from alienating amongst others the property
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