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1969 Supreme(All) 187

C. D. PAREKH, S. N. DWIVEDI
Lal Mahendra Pratap Singh – Appellant
Versus
Radhika Devi – Respondent


Advocates appeared:
Gyan Prakash, Advocate, For the Appellant / S.M. Abdul Majid, Advocate, for the Opposite Party

JUDGMENT

S.N. Dwivedi, J. - This is an appeal by the judgment-debtors. Facts giving rise to the appeal are these :

The first respondent is the decree-holder. She applied for the execution of her decree by attachment and sale of certain agricultural plots belonging to the judgment debtors. The application for execution was made as far back as September 1962. But the execution proceedings proceeded with a snail's pace; and ultimately on March 28, 1968, the plots were auctioned by the Amin. The auction took place in the village where the plots were situated. The Amin divided the plots in three lots. Each lot was separately auction-sold by him. One of the lots was purchased by the second respondent. He is a stranger auction-purchaser. His bid was the highest. It was for Rs. 65,000/-. The Amin accepted his bid. Thereupon he deposited 25 per cent of the auction money with the Amin. The other two lots were auction-sold to the decree-holder. Her bid was the highest for these lots. The Amin accepted a letter by her Mukhtaram for setting off the decretal amount against the auction money.

2. The appellants filed an objection to the sale of the three lots. The objection was under Rule 90 of Ord

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