SURAJBEN RATILAL ANANDRAO Vs. RAICHAND GULABCHAND SHAH

JUDGEMENT

(1.) In Civil Suit No. 77 of 1952 filed in the Court of Civil Judge Senior Division Surat there was an attachment of a house and lands before judgment and a decree was passed for Rs. 17 740

(2.) In Civil Suit No. 19 of 1955 which was filed in the Court of Civil Judge Junior Division Bulsar there was a consent decree for Rs. 3 854 on 5-10-1955 and the decree also created a charge on the same property namely the house and land. The decree was registered. In that suit Darkhast was filed by the present petitioner which was Darkhast No. 84 of 1957 to execute the decree in Suit No. 19 of 1955 and the property which was under charge was sold and money realised.

(3.) On 18-4-56 opponent No. 1 filed a Darkhast in Suit No. 77 of 1952 for the sale of the same property and on 22-9-56 an attachment warrant was issued and the property was ordered to be sold under Order 21 Rule 66 C. P. Code. Subsequently in 1958 opponent No. 1 gave an application to the Surat Court to call for the amount realized by the Bulsar Court by the sale of the property in execution of the decree in Suit No. 19 of 1955 and an order was passed calling for the money realised by the sale. An application by the petitioner to cancel that order was dismissed on 21-11-60. It is against that order that the present revision has been filed.