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1938 Supreme(Nagpur) 16

NIYOGI
KACHRU CHINDHU MAHAR – Appellant
Versus
LAXMAN SITARAM – Respondent


Advocates Appeared:
R Kaushalendra Rao, T J P Chetty, Advocates

JUDGMENT

Niyog—This is a decree-holder's application in revision against an order passed in execution proceedings by the junior Small Cause Court Judge in Case No. 1614 of 1934 on 16th January 1937. The applicant obtained a decree against their father's assets in the hands of the minor non-applicants, and in execution received by way of adjustment 9 khandis of paddy in full satisfaction, from their guardian mother Mt. Yemi. Thereon one Mangaru who is their maternal uncle applied to the Court on 7th January 1936 for the restoration of the dhan on the ground that it was grown on the occupancy fields belonging to the minors and that it did not constitute the assets of their father against which the decree had been passed. That application was dismissed as Mangaru, not being a duly appointed guardian, was incompetent to make it; and at the request of the decree-holder the execution case was struck off, the decree having been fully satisfied. Subsequently Mangaru made a fresh application complaining that Mt. Yemi acted adversely to the minors' interest in having adjusted the decree by delivering 9 khandis of dhan belonging to the minors without the sanction of the Court. He sought for he


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