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1959 Supreme(MP) 223

V.R.NEWASKAR
FIRM RAMNATH RAMGOPAL GATTANI – Appellant
Versus
FIRM RAMNATH MOOLCHAND – Respondent


Advocates Appeared:
R.G.VAGHAMARE, S.L.Dubey

V. R. NEWASKAR, J.

( 1 ) THIS appeal arises out of execution proceedings. The circumstances leading to it are as follows: On 23-12-1943 the appellant decree-holder obtained a money decree against the respondent for money. The appeal preferred by the respondent against that decree was dismissed on 10-1-1945. Thereafter an execution petition was filed by the appellant for realisation of the decretal amount. In the course of this execution petition a compromise was arrived at between the parties on 12-81948 whereby the decree-holder settled the entire claim under the decree for a consideration of Rs. 15000/-and the respondents sold two of his houses for consideration of Rs. 8000/- and 5000/- to the appellant and the satisfaction was thus obtained by his decree by the appellant to the extent of that sum of Rs. 13000/ -. The balance of the amount of Rs. 2000/-was agreed to He paid within two months. The respondent had also borrowed Rs. 200/- from the appellant for meeting the expenses of stamps required for executing the sale-deeds of the aforesaid two houses. This sum of Rs. 200/- was also agreed to be repaid within two months along with the sum of Rs. 2000/- and it was further agreed















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