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1981 Supreme(Ori) 72

R.N.MISRA
SARABAI AGARWALLA – Appellant
Versus
HARADHAN MOHAPATRA – Respondent


Advocates Appeared:
L.Mahapatra, P.K.Misra, S.S.BASU

R. N. MISRA, C. J.

( 1 ) THIS is an application of some of the heirs of the decree-holder auction-purchaser challenging the reversing appellate decision of the learned Additional District Judge of Sambalpur holding that their application for being put into possession was barred by limitation.

( 2 ) ONE Mathura Prasad Agarwalla, husband of the petitioner No. 1 and father of the remaining petitioners as also of opposite party No. 2 filed a money suit against opposite party No. 1. The said suit was decreed on compromise. Execution Case No. 98 of 1968 was levied by the decree-holder for realisation of the decretal dues as opposite party No. 1 failed to satisfy the decree in terms of the compromise. In the execution case attachment and sale of certain lands were prayed for and ultimately the attached lands were sold for satisfaction of the decree and the decree-holder purchased the lands at the auction. Sale was confirmed on 24-7-1971 and the sale certificate was signed and issued to the auction purchaser in due course. The decree-holder applied for delivery of possession and the executing Court directed possession to be delivered and the writ for delivery of possession was issued and








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