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1891 Supreme(Mad) 57

M.AYYAR, HANDLEY
Viraraghava And Ors – Appellant
Versus
Parasurama – Respondent


ORDER

1. These appeals and petitions arise out of the insolvency of one Mahomed Marakayar against whom decrees had been passed in several suits in the District Court of Coimbatore.

2. The decree-holder, Parasurama Ayyar, in one of these suits (Original Suit No. 11 of 1886) obtained an order for sale of certain immoveable property of the judgment-debtor. Subsequent to the date of that order, but before sale, Mahomed Marakayar filed his petition in insolvency in the High Court and a vesting order was made.

3. The Official Assignee opposed the sale, but the District Judge overruled his objections and allowed the sale. Before the sale under that order took place, Seshu Ayyar, the original appellant and petitioner in the present appeals and petitions, made a double application to the District Court in each of two suits in which he had obtained decrees against Mahomed Marakayar (Original Suits Nos. 18 and 29 of 1887).

4. All four applications were filed on the same day. In two of these he applied in the two suits for execution by attachment and sale of the immoveable property of Mahomed Marakayar and in the other two, apparently as an alternative in case the other two applications were refus






















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