REGENT COMPUTRONICS PVT. LTD.

Chandravati Bai (Died) By Legal Representative Kishen Das Appellant

V/S

Chaganlal Deceased By Legal Representative Mangilal And Others Respondents

Referred Judgements :-

HAKEEM SYED V. FATEH BUHADUR SINGH [REFERRED TO]
BALAKRISHNA AYYAR V. PARVATHAMMAL [REFERRED TO]
BHAGWAT NARAIN SINGH V. SRINIVAS. [REFERRED TO]
VENKATACHALAM CHETTI V. RAMASWAMY SERVAI [REFERRED TO]
MADHAO RAO GHATATE V. BALIRAM NARAYAN [REFERRED TO]
RAJAH OF KALAHASTI V. JAGANNADHA RAYANIMGAR [REFERRED TO]
AJUDHIA PERSHAD V. SHAM SUNDER [REFERRED TO]
TRIMBAK NARHAR VS. GOPAL NARAYAN [REFERRED TO]
SANKARAN UNNI V. RAMAN [REFERRED TO]
BAKSH ALI SARKAR ADD ORS VS. SARAT CHANDRA ROT CHAUDHURY [REFERRED TO]
CHANGA MAL VS. CHAUBEY RAM-DULARE LAL [REFERRED TO]
CHINNA NADAR VS. ABVARUMUGHAM CHETTI [REFERRED TO]
MAQBUL AHMAD VS. ONKAR PRATAP NARAIN SINGH [REFERRED TO]
KUNJ BEHARI SINGH VS. BINDESHRI PRASAD SINGH [REFERRED TO]
HAMIDGANI AMMAL (ONE OF THE L RS OF THE DECEASED FIRST RESPONDENT) VS. AMMASAHIB AMMAL (DIED) [REFERRED TO]

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal on behalf of the judgment -debtor arises out of execution proceedings started by the decree -holders herein.

(2.) THE facts which give rise to this appeal are: Chaganlal, Prahlad Rai and Nanu Ram as plaintiffs brought a suit for specific performance against Chandravati Bai, the appellant in the Original Side of the High Court of Hyderabad and obtained a decree, which is in the following terms:

(3.) IN so far as the first contention is concerned, it may be pointed out that it is an appeal before us arising out of execution proceedings and not an execution petition. What is provided under Order 22, Rule 12 is "nothing in Rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order." It follows therefore that if the proceedings are in execution, the provisions relating to abatement contained in Rules 3, 4 and 8 would not apply.

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CHANDRAVATI BAI (DIED) BY LEGAL REPRESENTATIVE KISHEN DAS Vs. CHAGANLAL DECEASED BY LEGAL REPRESENTATIVE MANGILAL AND OTHERS

Referred Judgements :-

JUDGEMENT

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