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1959 Supreme(MP) 231

V.R.NEWASKAR
GULABCHAND RAMLAL – Appellant
Versus
ONKAR BHOLA – Respondent


Advocates Appeared:
G.M.CHAPHEKAR, K.L.GOEL

V. R. NEWASKAR, J.

( 1 ) FACTS giving rise to this second appeal are as follows:

( 2 ) A decree for money was obtained by the appellants against the respondents on 30-9-1930. This decree was put into execution from time to time. Last execution petition was filed on 14-12-1946. By this petition the decree-holders prayed for attachment of the moveables belonging to judgment-debtors for the realisation of their dues. The judgment-debtors raised an objection on the basis of Section 48 of Civil Procedure Code that since more than 12 years bad elapsed since the passing of the decree no fresh order for execution could nave been passed. The executing court held on 24-1950 that since the execution of decree had been stayed by lawful order the petition, for execution was not barred under Section 48 C. P. C. At this stage the executing court asked the decree-holders to disclose what relief did they want and fixed the case for further orders on 25-10-50. On that day the decree-holder submitted a petition that the fields belonging to judgment-debtors, mentioned in the petition and in respect of which documents called 'certificates Khatejat' had been filed, might be attached as according to him b














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