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1975 Supreme(All) 283

M.P.SAXENA
Jairaji – Appellant
Versus
Firm Jagarnath Prasad – Respondent


Advocates:
A.N. Bhargava, for Applicant.

ORDER:- This is a revision application under Section 115, Civil Procedure Code against the order dated 10-9-1974 passed by the learned Additional District Judge, Gyanpur, Varanasi.

2. Briefly stated the facts giving rise to this application are that firm Jagarnath Prasad Thekedar, opposite party had filed a suit (No. 18 of 1961) for the recovery of money. In that suit attachment before judgment of certain property including a house with Ahata and Parti land bounded as below and situate in Qasba Bhadoi, District Varanasi, was made:

North:- House and Ahata of Sukhnandanlal

South:- House of Pyagram Gupta.

East: Pucca Road which goes from Bhadoi to Gyanpur.

West: Ahata of Sukhnandan Lal in possession of Elaka Prasad Baijnath Prasad.

In execution of the decree the said house was put to auction on 15-1-1969 and was purchased by the decree-holder. The sale was confirmed on 17-8-1972 and the sale certificate was issued on 7-9-1972. On the same day the decree-holders auction purchasers moved an application under Order XXI, Rule 95, Civil Procedure Code for possession over the said house after removal of locks etc., if any. On 18-9-1972 they gave another application (7-D) praying that police aid m
































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