SHYAMA DEVI Vs. FIRM RAMJAS ROLLING MILLS

JUDGEMENT

(1.) THIS revision is directed against an order of the District Judge of Jaunpur dated 9th April, 1977 in Execution Case No 1 of 1975. The learned District Judge dismissed the application 27-G under Order XXI Rule 59 (b) CPC praying for the stay of the confirmation of sale of the house.

(2.) FIRM Ramjas Rolling Mills, Uchehra, district Satna and Dharam Chand, opposite parties 1 and 2, in this revision, obtained a decree for the recovery of Rs. 15,029.32 against opposite parties 3 to 7 and also against the late Sri Ram Kadam, father of opposite parties 6 to 13, from the Court of the district Judge, Satna, on 18-1-1974. The decree was transferred for execution to the court of the District Judge, Jaunpur. One house and an Ahata situate in Tehsil Shahganj were attached by the order of the District Judge, Jaunpur. Smt. Shyama Devi, wife of Ram Kadam and mother of opposite parties 6 to 13 and one Smt. Chandrawati Devi filed an objection under Order XXI Rule 58 Code of Civil Procedure in respect of the properties attached in execution of the aforesaid decree The learned District Judge by his order dated 3-1-1976 allowed the claim of the applicant in part and released the Ahata from the attachment but rejected the objections relating to the disputed house under Or XXI Rule 58 CPC. After the disposal of the aforesaid objection the disputed house was auctioned on 10-1-1977. Thereafter an application 27/C was moved by Smt, Shyama Devi under Order XXI Rule 59 (b) CPC for staying the confirmation of the auction sale of the disputed house on the allegation that she had filed a civil suit no. 1 of 1977 in the Court of Civil Judge, Jaunpur under Order XXI Rule 63 CPC, The application having been dismissed the present revision was filed.

(3.) CONSEQUENTLY, it will be unnecessary to consider the scope of Rule 59 visa-vis the claim or the objection.