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1956 Supreme(Raj) 273

WANCHOO, DAVE
Mubarak Begam – Appellant
Versus
Sushil Kumar – Respondent


Advocates Appeared:
Hukamchand, for Appellants B.K. Acharya, for Respondent No.2; H.N. Tapariya, for Respondent No.3

Dave, J.—This is a first appeal in execution proceedings against the order of the Civil Judge, Bikaner, dated the 3rd September, 1954, and arises in the following circumstances : —

On 26th of April, 1953, respondent No. 1 Sushil Kumar, who is a minor, presented an execution application through his next friend and guardian Mst. Gitabai, who is his mother, for execution of a decree, dated 12th July, 1951, against the judgment-debtor Zahur Ahmad The decree was for Rs. 9,525/14/- and the said amount was to be realised from the sale of the mortgaged property which consisted of a house situated in Mohalla Gasiyan at Bikaner. This property was put to auction by the Sales Amin from 4th Jan., 1954 to 7th January, 1954. On the last date, i.e. 7th January, 1954, the highest bid was that of one Gopallal Goswami for Rs. 8,500/-. It was represented to the Court that the bid was low and, therefore, the executing court ordered the Sales Amin to auction the property again on 8th of January, 1954. On that date also the highest bid was Rs. 8,500/- and the bidder deposited l/4th amount of auction price. The judgment-debtor, however, made an application to the court that the property was very valuable,





















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