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1969 Supreme(All) 225

G. D. SAHGAL, O. P. TRIVEDI
Kunwar Bhagwat Pratap Singh – Appellant
Versus
Keshav Shukla – Respondent


Advocates appeared:
G. K. Mehrotra, Advocate, For the Appellant / H.D. Srivastava, Umesh Chandra and S. P. Pathak, Advocates, For the Respondent

JUDGMENT

G. D. Sahgal, J. - One Smt. Champa Devi held a decree against one Babu Sat Parsan Singh. She moved an application for the execution of that decree in November, 1958 which was registered as Regular Execution Case No. 17 of 1958 T he execution was sought by attachment and sale of immovable property. Two separate claims appear to have been preferred under Order XXI, Rule 58 of the Code of Civil Procedure against separate items of the attached property, but they were both dismissed. Regular suits were filed under Order XXI, Rule 63 of the Code of Civil Procedure being numbered as Suits Nos. 122 and 125 of 1959. As a result of the filing of those suits the execution proceedings were ordered to be stayed. The execution proceedings were accordingly stayed and it was ordered on the 17th of October, 1958 that the file be consigned. During the period of this suspension of execution Smt. Champa Devi died on the 28th of January, 1960. Sri Keshav Shukla respondent moved an application on the 16th of May, 1960 in the execution case alleging that he was the heir of Smt. Champa Devi and prayed that his name be substituted in her place. He was directed to take steps for the issue of notices

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