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1951 Supreme(Ori) 33

JAGANNADHA DAS, PANIGRAHI
MAHIMUDDIN – Appellant
Versus
PANU SAHANI – Respondent


Advocates Appeared:
B.K.PAL, R.N.MISRA

JAGANNADHADAS, J.

( 1 ) THESE seven misc. appeals are against the orders in Misc cases Nos. 30, 65, 33, 34, 32, 64 and 31 respectively. Since all these misc. cases and appeals arise in the coarse of the execution of the same decree and involve a common question of law, they have been heard analogously both in the lower Court and here. They arise in the following circumstances, One Sk. Bhikari obtained a preliminary mortgage decree on 6 7-1936, which was made final on 25-11-39 against certain Sahanis on foot of a simple mortgage dated 22- 7-22. The mortgage is said to have comprised 21 lots covering an aggregate extent of 16. 20 acres and the amount due under the mortgage decree by the date of the present execution filed in 1946 was near about Rs. 10,030. The decree-holder assigned the decree to the common appellant in all these appeals by a registered-deed, and it is the assignee that is now executing the decree. In the course of this execution, these seven applicants intervened by petitions under order 21, Rule 53 and Section 47, Civil P. C. claiming that some out of the plots comprised in the mortgage decree should be exempted from the execution sale proceedings that were then p































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