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1968 Supreme(Guj) 35

V.R.SHAH
LALMIYA SULAMHUSEN – Appellant
Versus
SHAIKH AHMED SHAIKH DAWOOD – Respondent


Advocates Appeared: B.J.SHELAT, J.M.THAKAR

V. R. SHAH, J.

( 1 ) THE appellants in this appeal are original defendants- judgment-debtors and the respondents are original plaintiffs-decree-holders. The plaintiffs obtained 8 decree for an amount of Rs. 2 33 0 and odd against the defendants and they have filed Regular Darkhast No. 74 of 1965 to execute that decree by attachment and sale of the immovable properties belonging to the judgment-debtors. The judgment-debtors have preferred an appeal being First Appeal No. 236 of 1965 and therein they applied for stay of execution of the decree. This Court imposed certain conditions on which the stay was granted but the conditions have not been fulfilled and the ultimate result is that stay has been refused. In the execution proceedings before the trial Court a stage has been reached where sale of immovable properties has been ordered and a proclamation of sale is already issued. At this stage the judgment-debtors preferred an Application under Order 41 Rule 6 of the Code of Civil Procedure praying that the sale may be stayed. The ground mentioned in the application was that the properties are of considerable value and the interest of the decree-holder would be sufficiently safeguarded









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