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1963 Supreme(Ori) 99

R.L NARASIMHAM, R.K.DAS
Harekrushna Harichandan Mohapatra – Appellant
Versus
Dolgovinda Sahu – Respondent


Advocates:
L.K. Dasgupta and G.N. Sengupta, for Appellant B.K. Pal and S.C. Mohaptra, for Respondent.

Judgement

NARASIMHAM, C.J. :- This is a second appeal by the judgment-debtor against the appellate judgment of the subordinate Judge of Puri, maintaining the judgment of the Munsif, Puri and dismissing the judgment-debtors objection to the attachment of the compensation money payable to him by the State of Orissa under the provisions of the Orissa Estates Abolition Act, consequent on the abolition of his jagir known as Khandayat Jagir. The decree was obtained on 28-7-1929 for a sum of Rs. 851-15-6, including costs, and it is urged that notwithstanding repeated executions nothing has been realised till now. The previous execution petition was filed an 24-5-41 in which there was also s prayer for attachment of the moveable properties of the judgment-debtor. A list of such moveable properties was given in that petition and it was further stated; "Besides these articles also other articles which would be identified at the time of attachment." (Esibai Krok Samde Jaha Nisana Debu Taha).

2. It is unnecessary, for the purpose of this appeal to narrate in great detail the various Unsuccessful efforts made by the decree-holder first to attach the Khandayet Jagir, then again to attach the movea
















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