SHALIMAR CINEMA Vs. BHASIN FILM CORPORATION

JUDGEMENT

(1.) This EFA(OS) has arisen out of and is directed againt the order dated 10-1-1983 passed by G. R. Lirthra J. whereby the application under Order 21 Rule 90 read with Sec. 151 of the Code of Cvil Procedure (hereinafter to be referred to as Civil Procedure Code .) for setting aside the auction sale held on 1-9-1977 of 28/48 shares of the Judgment-debtors Shamiudin and Nasimudin in an immovable property known as "Shalimar Corporation & another cinema, Bhogal, New Delhi", in execution of a decree for Rs. 1,44,973.00 passed in favour of decree-holder M/s bhasin Film Corporation against Shamiudin and Nasimudin. each of the above-mentioned judgment-debtors held 14/28 shares in the Shalimar Cinema.

(2.) The objections contained in the applicalion under Order 21 Rule 90 Civil Procedure Code were resisted both by the decree-holder as well as the auction-purchaser M/s Malhotra Brothersexhibitors (P) Limited.

(3.) The following issues were framed by thelearned.Single Judge on April 17, 1979:-