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1956 Supreme(All) 243

C. B. AGARWALA
Tej Bahadur Singh – Appellant
Versus
Bhaggan Kurmi – Respondent


Advocates appeared:
Harnandan Prasad, For the Appellant / S.C. Asthana, For the Respondent

JUDGMENT

C.B. Agarwala, J. - This is an application in revision u/s 115 of the Code of Civil Procedure.

2. The applicants Tej Bahadur Singh and others filed an application u/s 12 of the Agriculturists' Relief Act for redemption of a mortgage. The trial court dismissed the suit. There was an appeal and the appellate court partly decreed the suit and partly dismissed it. The applicants submitted to the decree. The applicants made an application to the trial court for execution of the decree for possession over the part of that property. A parwana was issued by the trial court for placing the applicants in possession over the property which had been decreed to the applicants. This was on 12-4-1951. The Amin was to make the delivery upto the 17th of April and submit his report by 12-5-1951. In response to the parwana the Amin effected the delivery of possession over the property on 17-4-1951. Something however happened before this date. On 16-4 1951 the mortgagee opposite party applied to the trial court that execution proceedings be stayed because we would go in second appeal to the High Court. The execution court thereupon issued a direction to the Amin to return the parwana unexecuted

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