DAMODAR LAKHMIDAS Vs. ATMARAM NARAYAN

JUDGEMENT

(1.) The property is clearly subject to a mortgage in favour of the applicant, and that being so, the attachment can only be continued subject to that mortgage.

(2.) In directing that it should be continued free from the mortgage, the Judge exercised a jurisdiction which he did not possess.

(3.) We must, therefore, make-the rule absolute, set aside his order and direct the attachment to be continued subject to the mortgage.