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1968 Supreme(Ori) 66

G.K.MISRA
DINAMANI DASS – Appellant
Versus
BIMBADHAR PADHAN – Respondent


Advocates Appeared:
B.H.MOHANTY, B.K.ROY, P.K.SENGUPTA, P.N.PATNAIK, R.C.PATNAIK, R.K.MOHANTY, R.N.MISRA

G. K. MISRA, J.

( 1 ) ON 17th of March, 1949 a preliminary decree for foreclosure was passed directing the defendants to pay Rs. 1220 with interest at the rate of 9 per cent from the date of the suit bond together with an additional sum of Rs. 80 within a period of six months from the date of the preliminary decree. In default of such payment the preliminary decree directed that the plaintiffs were entitled to apply for a final decree that the defendants were debarred from redeeming the hypothecated property. This decree was ultimately confirmed in second appeal No. 25 of 1950 on 26-11-51. There were some interim steps taken by the defendants which need not be mentioned. The decree was made final on 18th of November, 1953. On 22nd February 1956 the plaintiffs decree-holders filed Execution Case no. 59 of 1956 for delivery of possession of the mortgaged property. An objection under Section 47, C. P. C. was filed by the judgment-debtors that both the preliminary and final decrees were not drawn in proper form and that there was no direction in the final decree for delivery of possession. The objection was dismissed on 19-4-56. In appeal the District Judge upheld the objection and di






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