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1998 Supreme(MP) 75

R.S.GARG
PRAKASH CHAND RAI – Appellant
Versus
STATE BANK OF INDORE, BHOPAL – Respondent


Advocates Appeared:
B.M.Dwivedi, VAZID HYDER

R. S. GARG, J.

( 1 ) JUDGMENT by this appeal under Order 43, Rule 1 (3) of the Code of Civil Procedure, the petitioners challenge the order dated 20-12-1996 passed by the First Addl. District Judge, Raisen, in execution case No. 9-B/91.

( 2 ) BRIEF facts for proper disposal of the case are that the decree-holder obtained a decree for recovery of money against the judgment-debtor. In execution, certain properties already mortgaged with the decree-holder were proposed to be put to auction. Certain objections were filed by the judgment-debtor on 25-1-1993 and 1-3-1993. It appears that the objections were many fold but the relief claimed was that the auction be stayed till compromise is effected between the parties. The applications were listed for argument. The said applications, though not specifically but tacitly were deemed to be disposed of under the order dated 18-11-1992 and 25-1-1994. The judgment-debtors again moved an application under Order 21, Rule 66, C. P. C. The trial Court (executing Court) did not pass any orders on this application. On 27-1-1994, the Court ordered that notice of the application be issued to the decree-holder. The case was adjourned to 7-2-1994. On 7-2-













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