S.K.DUBEY
Mehfuj Husain S/O Mustad Ahmad – Appellant
Versus
Kiran Bano D/O Akhtari Begum – Respondent
S.K. Dubey, J.
1. The judgment-debtors have approached this Court for the sixth time, aggrieved of an order passed on 10-8-1990 by the executing Court in Execution Case No. 8-A/1983x83, complaining that the executing Court illegally did not decide the objection under Section 47, Civil Procedure Code, about the executability of the decree, which according to the judgment-debtors, is a nullity.
2. The execution case arose out of a decree passed in a suit instituted by the wife of judgment-debtor No. 1, who has deserted her. The suit was for recovery of the articles worth Rs. 80,000/-, which were illegally retained by the husband. The plaintiff averred that her marriage with judgment-debtor No. 1 took place on 25th September, 1981, according to Muslim rites by Nikah' in which Mahr (dower) of Rs. 20,500/- was agreed upon by judgment-debtor No. 1; because . the husband misbehaved with her, ill-treated her and created such circumstances that it was impossible for her to live with the husband, the plaintiff came to stay with her mother, where on 11-8-1982 she gave birth to a daughter from the wedlock. It was alleged that the husband never tried to improve, nor their relations became co
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