JAYABEN GIRJASHANKAR OZA Vs. BHANUMATI DAMJI

JUDGEMENT

(1.) In this second appeal 8 short but interesting question of law arises.

(2.) The facts leading rise to this second appeal are briefly stated as under :

(3.) Being dissatisfied with that order passed by the Executing Court the respondent No. 1 Bhanumati filed a Civil Appeal No. 130 of 1961 in the District Court at Rajkot. Learned District Judge Rajkot Mr. P. H. Parikh relied upon a decision of the Madras High Court to which I will make a reference at an appropriate stage and found that the present respondent No. 1 being 8 second mortgagee was entitled to the surplus sale proceeds in preference to the present appellate who was an attaching creditor of the respondent No. 2 and eventually allowed the appeal and set aside the order passed by the Executing Court.