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1984 Supreme(Gau) 25

T.S.MISHRA
Deo Narayan Goala, (Deceased by L. R. ) and others – Appellant
Versus
Jagadish Pandit – Respondent


Advocates Appeared:
M.A. Laskar, N.M. Lahiri and B.M. Mahanta

Judgement

A title suit filed by the decree-holder opposite party against the judgment-debtor petitioner was decreed on 4th March, 1968. That decree was put under execution. It appears that in Execution Case No. 14 of 1978 the judgment-debtor filed a petition No. 49/11 praying for the stay of the execution till the harvesting of the crop was done. The decree-holder opposed that petition of the judgment-debtor. The learned Munsiff executing the decree rejected the application of the judgment-debtor. He also rejected the objection of the decree-holder on the ground that the petition filed by the judgment-debtor had become redundant. The learned Munsiff also passed a further order in the following terms :

"D. H. took no other steps for proceeding with execution. Hence the case is dismissed for default."

2. The above order was passed by the learned Munsiff on 11 th July, 1980. The decree-holder filed an application No. 92/14 before the learned Munsiff praying that the said order dated 11th July, 1980 be set aside. The judgment-debtor filed a petition N. 94/2 contesting the said application of the decree-holder. The learned Munsiff having found that the grounds stated in the petition of th
















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