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1952 Supreme(Ker) 97

GANGADHARA MENON, JOSEPH VITHAYATHIL
Subramonia Iyer – Appellant
Versus
Sankaran Unni – Respondent


Judgment :-

1. The assignee-decree-holder in O.S. No. 20 of 1115 of the Trichur District Court is the revision petitioner. The revision petition is from an order in execution allowing rateable distribution under section 73 of the Code of Civil Procedure. The decree in this case was obtained against one Govinda Menon, who died and whose legal representatives are counter-petitioners 2 to 14. The first counter-petitioner had obtained a decree against Govinda Menon in O.S.No.47 of 1939 of the District Munsiff's Court of Palghat. The assignee-decree-holder in O.S. No. 20 of 1115 attached the properties of Govinda Menon and brought them to sale. The sale took place on 28-6-1124 and the properties were purchased by one Sadasiva Iyer for Rs. 1700/-. He deposited the whole purchase money in court on the date of sale. The decree-holder in another decree obtained against Govinda Menon, namely O.S. No.62 of 1112 of the Anjikaimal District Court, had applied for execution of his decree before the date of the sale in O.S. 20/15. He also put in a petition on 26-7-1124 for setting aside the sale. That petition was, however, dismissed on 17-8-1124. The first counter-petitioner filed an execution pe



















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