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1979 Supreme(MP) 171

S.J.SURANA
GANGAVISHAN HEERALAL – Appellant
Versus
GOPAL DIGAMBAR JAIN – Respondent


Advocates Appeared:
B.L.AGRAWAL, B.S.Agrawal, R.C.Lahoti

S. J. SURANA, J.

( 1 ) THE circumstances giving rise to this appeal by the judgment-debtor in short are these : In the course of execution of a decree obtained by respondent No. 1 against the appellant firm, certain house property of the latter was attached and put to sale. The sale was to be held on 26th, 27th and 28th of June 1878. The auction-sale proceedings commenced on 26-6-1978 as per the schedule within the precincts of the Court-house. Till 28-6-1978, there were no bidders forthcoming and as such the proceeding-were continued day to day, barring holidays, up to 7-7-1978 under orders of the Court. When this also failed to improve the matters, the Court passed an order on 10-7-1978 countermanding the sale warrant unexecuted. Subsequently, permission was granted to the decree-holder under Order 21 Rule 72 Civil P. C. to bid for and purchase the property and after a fresh proclamation, the attached house property was again put to sale fixing 18th, 19th and 20th September 1978 for that purpose. The auction sale was to be held within the Court precincts as before. Once again, the result was disappointing inasmuch as notwithstanding the fact that the sale proceedings were continu




















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