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1993 Supreme(Ori) 242

S.C.MOHAPATRA
MISS KRISHNA BOSE – Appellant
Versus
RAJENDRA PRASAD BOSE – Respondent


Advocates Appeared:
S.P. Misra, S. Latif, A.P. Das and A.K. Mishra, for the Appellant; P. Kar, (for Opp. party No. 1), R.Ch. Mohanty, P.K. Patnaik and G.B. Jena (for opp. party Nos. 2 to 4), for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - This is a civil revision by a legallre- presentative of a deceased judgment-debtor.

2. Petitioner is daughter of the judgment-debtor who died leaving behind widow, two sons and petitioner as legal representatives. For realisation of decretal dues against the judgment-debtor, decree- holder sought to proceed against properties of deceased judgment- debtor described in various lots in hands of his legal representatives. Since decree-holder was of opinion that Lot. No. 1 may be sufficient to get the decree satisfied the prayed for proceeding against that lot first for satisfaction of the decree before proceeding against other lots. Widow of judgment-debtor made a prayer that her 1/4th interest in the properties of her husband may be excluded from being put to sell. Executing Court accepted prayer of the decree-holder as well as the widow of judgment-debtor. Thus 1 /4th interest of the widow in Lot No. 1 stood excluded.

3. After the interest of the widow was excluded petitioner filed an application that her 1/4th interest in the properties of her father may also be excluded and Lot No 1 should not be proceeded against firsts Executing Court having refused b


















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