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1985 Supreme(P&H) 120

J.M.TANDON
Darbara Singh – Appellant
Versus
Gram Sabha Of Village Bhokhra – Respondent


Judgment

J.M.Tandon, J.

1. Vaid Sadhu Ram secured a decree for Rs. 570/- with costs on January 14, 1976, against Gram Sabha Bhokhra Tehsil and District Bhatinda (respondent) represented by Harchand Singh the then Sarpanch.l The decree- holder started execution proceedings in March, 1976, for the realisation of the decretal amount and at his instance two Killas of land of the judgment- debtor bearing Khasra Nos. 32/9(8-0) and 18(8-0) in Khewat No. 277 was attached. The attached land was auctioned on January 30, 1979, and the highest bid offered was that of the petitioner for Rs. 9000/-. The petitioner deposited 25 per cent of the bid at the time of auction. On February 6, 1979, the decree-holder appeared in the executing Court and made the following statement :-

"My entire decretal amount has been satisfied. Nothing is due. The application for execution he dismissed in satisfaction of the decretal amount. The land in question be released from attachment."

The executing Court passed the following order on the same day :

"Present : Counsel for the parties

In view of the statement of the decree-holder the application is dismissed as satisfied. The attached property is hereby released."










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