2013 Supreme(Raj) 1426
VINEET KOTHARI
Pali Central Co – Appellant
Versus
Pushpa Devi – Respondent
Advocates:
For the Appellant:Girish Sankhala, Advocate.
JUDGMENT
1. - Heard learned counsel for the petitioner. No one has appeared on behalf of the respondents despite service.
2. The decree holder-Pali Central Cooperative Bank Ltd. against the judgment debtor Jitendra Kumar S/o Late Shri Mohan Dass Ji has approached this Court by way of present writ petition under Article 227 of the Constitution of India being aggrieved by the order dated 21.1.2011 passed by the learned trial Court r :jecting the application under Order 7, Rule 11 C.P.C. filed by the petitioner-Pali Central Cooperative Bank Ltd. for rejecting of the suit filed by the respondent No. 1 Pushpa Devi W/o Late Shri Mohan Dass Ji and mother of judgment debtor-)itendra Kumar claiming that since mortgaged suit property, a residential house, has been given to her by way of Will by Late Shri Mohan Dass Ji, therefore, the same cannot be put to auction in execution of the decree in favour of petitioner-Bank against the amount borrowed by the respondent No. 2-Jitendra Kumar.
3. The petitioner-Bank earlier also approached this Court by way of Civil Misc. Appeal No. 1126/2010 (Pali Central Cooperative Bank Ltd. &Anr. v. Sint. Pushpa Devi & Anr.), which came to be disposed of by the co
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