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MALIK, GURTU
Gainda Lal – Appellant
Versus
Ram Singh and others – Respondent


Advocates Appeared:
S.N. Katju, G. Kumar

Judgement

GURTU, J. :- A suit was filed under the provisions of Order 21, Rule 63, Civil P.C., by the plaintiffs whose father had preferred an objection to the attachment of the house in suit in connection with a decree obtained by defendant 1 as against defendant 2 in another suit No. 1455 of 1948, for Rs. 406/1/. The objection had been disallowed by the execution Court. The plaintiffs prayed for a declaration that they are the owners of the whole house or, in the alternative, of half the house. The suit was valued at Rs. 203/0/6 being half the amount of the decree (in connection with which execution, had been sought) for the purpose of court-fee, and at Rs. 10,000/-, the market value of the house, for purposes of jurisdiction.

2. Along with the plaint, the plaintiffs made an application for issue of an interim injunction restraining defendant 1 from executing the said decree against defendant 2 by sale of the house in suit. Notices were issued on this application and defendant 1 filed an objection to the ad interim injunction granted and the application came up for final disposal. Defendant 1s objection was dismissed. The application for injunction was allowed and the sale of the


















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