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1955 Supreme(Nagpur) 8

HIDAYATULLAH, R.KAUSHALENDRA RAO
GOVINDPRASAD RAMESHWARNATH – Appellant
Versus
RAMRASKAL KAMTAPRASAD – Respondent


Advocates Appeared:
B A Udhoji, K C Chendke, P K Tare, Advocates

JUDGMENT

1. This appeal arises out of execution proceedings and is connected with certain other appeals particularly Miscellaneous First Appeal No. 157 of f 1945 decided by us on 7-12-1953. As a result of a stay granted by the High Court, certain executions were kept pending the determination of a case be fore the insolvency Court.

After the insolvency case was over the executions were continued, and in this present matter we are only concerned with the question of interest, How that arises is all that is necessary to be stated for the disposal of this appeal, because it is agreed on all hands that the other matters involved are covered by our decision in Miscellaneous First Appeal No, 157 of 1945 referred to above.

2. The decree-holder, who is now represented by his legal representatives, the present Respondents, obtained a decree on 2-1-1932 in civil suit No. 59 of 1931 in the Court of the Additional District Judge, Raipur for a sum of Rs. 62,759/- with interest till realization at 6 per cent per annum simple. There was also a decree for costs amounting to Rs. 1,736-10-0. Six days later the decree-holder filed his first application for execution.

We are not made aware, nor is there a


















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