LATIKA BHAR Vs. JYOTSNA DEY

JUDGEMENT

(1.) THIS First Miscellaneous Appeal is at the instance of the heirs of a judgment-debtor in the proceedings for execution arising out of a decree for sale in a Suit relating to Mortgage and is directed against Order No. 171 dated 26th march, 2002 passed by the learned Executing Court by which an application under Order 21 Rule 89 of the Code of Civil Procedure filed by the original judgment-debtor has been rejected.

(2.) BEING dissatisfied, the heirs and legal representatives of the judgment-debtor have come up with the present appeal.

(3.) THE following facts are not in dispute: