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2006 Supreme(All) 211

PRAKASH KRISHNA
GHULAM ASHRAF – Appellant
Versus
ABDUL KHALIK – Respondent


Advocates Appeared:
R.U.Ansari, S.A.Ansari

( 1 ) THE present writ petition arises out of an order passed in execution case. The petitioner is a judgment debtor and the respondent no,. 2 is decree holder,

( 2 ) THE facts in brief are as follows: rahim Bux, father of respondent, the father of respondent no. 1 mortgaged his property in favour of Sri Sidhu Noor Bux Son of sri Makdhoom Bux by way of usufructory mortgage on 17-6-1924 of Rs. 250/-The respondent no. 1 (herein after called as decree holder) filed a suit being Suit No. 530 of 1980 against the petitioner (herein after called as judgment debtor) and others for redemption of the mortgaged property executed by rahim Bux, the mortgage deed dated 17-6-1924. The suit after contest was decreed on 23-11-1995 by the trial court with the condition that the decree holder is entitled to get possession over the mortgaged property on deposit of Rs. 250/- in the Court. The said decree has been confirmed in civil Appeal No. 54 of 1996 by the appellate court on 12-12-1996. The petitioner filed Second appeal being Second appeal no. 3467 of 1997 before this Court which was admitted on 8-4-1997 and is still pending consideration. On the stay application the Court has passed the following



















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