STATE BANK OF INDORE Vs. STEEL INDUSTRIES

JUDGEMENT

(1.) This is a revision by the applicant-plaintiff against the order dated 10.3.87 passed by the Trial Court of Fourth Additional Judge to the Court of District Judge, Indore in Civil Suit No. 23-A/86 whereby the learned Trial Court accorded permission to the respondent-defendant No. 1 M/s. Steel Industries to sell the plot in suit which the respondent-defendant No. 1 had mortgaged with the applicant plaintiff alongwith other properties.

(2.) The facts giving rise to this revision, briefly stated, are as follows :

(3.) The applicant, thereupon filed the instant civil Suit on 5.8.1983, for recovery of Rs. 25,23,208.27/- Ps. by, inter alia, sale of the aforesaid mortgaged plot of land in accordance with the procedure laid down under Order 34 of the Civil Procedure Code. After filing of the suit the respondent No. 1 made an application under Order 39 Rules 1 and 2 of the Code on 16.8.1983 for prohibiting the applicant from selling the plot in suit and the learned Trial Court allowed this application and passed the order dated 18.8.83 prohibting sale of the plot.