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1973 Supreme(Guj) 26

J.M.SHETH
Luhar Bhimji Govind – Appellant
Versus
Mansukhlal Keshavlal – Respondent


Advocates:
S.K. Javeri, for Petitioner; D.U. Shah, for Opponent No. 1.

ORDER :-

This is a Revision Petition filed by the original judgement-debtor against the order passed by the learned District Judge, Junagadh in Civil Miscellaneous Appeal No. 5 of 1968 setting aside the order passed by the learned Civil Judge (Junior Division), Una, below Ex. 41 in the Darkhast No. 170 of 1965 (?) setting aside the a action sale under Order 21, Rule 92(2) of the Civil Procedure Code.

2. The facts giving rise to this Revision Petition briefly stated are as under. Opponents Nos. 2(a) to 2(d) are the trustees of the Swaminarayan Temple at Una. They obtained a decree for a sum of Rs. 2,000 with running interest at 4 per cent per annum in regular civil suit No. 257 of 1964 filed in the Court of the Civil Judge (Junior Division), Una against the petitioner. They filed regular Darkhast No. 170 of 1965 for executing that decree and prayed for attachment and sale of the house of the judgement-debtor bearing S. Nos. 53 to 57 and its appurtenant house site bearing No. 51 situated in Bhavsar locality in Una. This property was subject to several mortgages in favour of Kamalshi Mulji of Una. The house was sought to be sold in auction subject to the encumbrances of the aforesaid m


















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