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1957 Supreme(All) 232

B.MUKERJI
JOSHI GIRJADHARJI – Appellant
Versus
RAO SANWAL DAS, SHAHPURI – Respondent


Advocates Appeared:
AMBIKA PRASAD, K.B.ASTHANA, K.B.Garg

B. MUKERJI, J.


( 1 ) THESE are two connected matters arising out of the same judgment of tile First Additional civil Judge of Banaras.

( 2 ) A suit was filed by the wife and two sons of a judgment-debtor for a declaration that a certain property was not saleable in execution of the decree obtained against the judgment-debtor. During the pendency of the suit an application was made for an injunction restraining the decree-holder from proceeding with the sale of the property. A share in the property -- the share of the judgment-debtor alone -- was, however, sold and purchased by the decree-holder on 18-2-1954.

( 3 ) THE respondents applied to the court which had issued the injunction to take action against the decree-holder for having disobeyed the injunction by putting the property to sale and purchasing it himself. The court below found that there had been a disobedience of the injunction which had been granted on 30-9-1953. The court, therefore, directed that the sale, which had taken place in defiance of the injunction, be set aside and further directed the appellant to suffer simple imprisonment for a period of five days.

( 4 ) MR. K. B. Asthana, appearing on behalf of the respo















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