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1962 Supreme(MP) 33

T.P.NAIK
IDOL SHRI shriji – Appellant
Versus
CHATURBHAI MANGALBHAI PATEL – Respondent


Advocates Appeared:
A.H.SAFI, A.P.SEN, R.S.DABIR, V.S.DABIR

NAIK, J.

( 1 ) THE order in this civil revision shall also govern the disposal of civil revision No. 463 of 1961.

( 2 ) CHATURBHAI Mangalbhai Patel of Bombay obtained a money decree for about Rs. 3,40,000/- inclusive of interest and costs against Goswamini Ratan Prabha widow of Goswami Vallabhalalji of Bombay as the heir and legal representative of her deceased husband, the original judgment-debtor. Thereafter, having got the said decree transferred to Bhopal for execution, he sought to execute it by attachment and sale of the suit properties. These properties have been specifically mentioned in the decree as belonging to the judgment-debtor.

( 3 ) LAXMINARAYAN and Purushottamdas as next friends of the applicant, Idol Shri 'shriji' of Mandir Shriji, Bhopal, filed a suit (civil suit No. 19-A of 1961) for a declaration and injunction against the aforesaid decree-holder, Chaturbhai mangalbhai and Goswamini Ratan Prabha, as defendants 1 and 2 respectively, in the Court of the Civil Judge, Class II, Bhopal, inter alia, on the following allegations: (a) that the suit properties were the properties of the applicant Idol as they were dedicated to it by a public religious and charitable end












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