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1980 Supreme(Ker) 167

K.K.NARENDRAN, G.VISWANATHA.IYER
STATE BANK OF TRAVANCORE – Appellant
Versus
MASTAN KUNJU – Respondent


Judgment :-

1. The decree-holder is the revision petitioner. A decree for money was obtained by the petitioner's predecessor on 16-3-1956. The property of the judgment-debtor was sold in court-auction on 21-2-1968. On 6-3-1968 the petitioner produced the necessary amount for the stamp duty leviable on the purchase certificate. On 16-3-1968 the judgment-debtor filed an application under Order XXI R.90 CPC. to set aside the same That application was dismissed on 4-11-1969 and the sale was confirmed The judgment-debtor applied on 24-11-1969 to restore that application, but that application also was dismissed on 9-3-1970. Before this the judgement-debtor had filed an appeal against the order dated 4-11-1969 as A.S. 6 of z1970. The appellate court allowed that appeal, set aside the order of the lower court and sent back the application filed under Order XXI R.90 for fresh consideration and disposal On remand that application was posted for consideration and the executing court again dismissed the same on 7-11-1970. But no fresh order of confirmation of sale was passed. It may be noted that before the dismissal of the application Agriculturists Debt Relief Act Act 11 of 1970 came into fo









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