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1984 Supreme(MP) 729

P.C.PATHAK
KHOOBCHAND JAIN – Appellant
Versus
KASHI PRASAD – Respondent


Advocates Appeared:
N.C.JAIN, P.C.AGRAWAL, P.Rusia, S.C.JAIN

P. C. PATHAK, J.

( 1 ) THIS revision is filed by the decree-holders against the order dated 19-8-1982, passed by the Addl. Judge to the Court of District Judge, Chhatarpur, in Misc. Civil Appeal No. 8 of 1981, arising out of Misc. Judicial Case No. 32 of 1980 of the Court of Civil Judge, Class I, Chhatarpur, dated 7-5-1981.

( 2 ) IN Civil Suit No. 34-B of 1965, the decree-holders obtained a decree against the judgment-debtors/non-applicants Nos. 1 to 3 on 15-12-1966 for a sum of Rs. 5,180/- as principal, Rs. 685/- as interest and future interest @rupee 0. 25% per month on the principal amount till the date of realisation. The suit against the non-applicant No. 4 was dismissed.

( 3 ) THE decree-holders filed an application for execution of the said decree on 30-6-1977. After the judgment-debtors had entered appearance, the Executing Court ordered to issue a warrant of attachment of moveables, on furnishing a list of moveable property and payment of process-fee within three days of the order. The decree-holders complied with the direction on 22-1-1978 and the Executing Court issued a warrant to attach the moveables as per the list. Before the attachment could be effected, non-applican






















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