SADASIB ROUT AND ORS. Vs. MAGUNI BEHERA

JUDGEMENT

(1.) THE short question that arises for determination in this case is whether a decree is satisfied either in whole or in part, as the case may be, by sale of the judgment debtor 's property, although the sale has not yet been confirmed. The opposite party obtained a mortgage decree against the Petitioners and in execution thereof brought the mortgaged property to sale. The sale was fixed to 18 -3 -1971. On 9 -3 -1971, the judgment -debtors filed an application under Section 13 of the Orissa Money Lenders Act, 1939 (Orissa Act III of 1939) (hereinafter referred to as the Act) praying for instalments. No application, however, was filed for stay of the sale which in due course took place on 18 -3 -1971. Although execution was levied to realise an amount of 2,536.98 p. by the sale of mortgaged property, the sale was knocked down only for Rs. 1,725/ - in favour of the decree -holder who had obtained necessary permission to bid at the auction. On 23 -8 -1971, the judgment -debtors made an application for stay of confirmation of the sale till disposal of their application under Section 13 of the Act (Misc. Case No. 112/71) and confirmation of the sale was stayed. During the pendency of the miscellaneous case the judgment -debtors paid Rs. 400/ - towards the decretal dues. The Misc. Case was disposed of on 28 -10 -1971. The executing Court held that the sale of the property followed by an order allowing set off had the effect of wiping out of the loan and the decree to the extent of the purchase money and consequently the relief that the judgment debtors would be entitled to would be confined only to the balance of Rs. 811.98 p. After adjusting the amount of Rs. 400/ - paid by the judgment -debtors towards the balance decretal dues amounting to Rs. 811.98 p., the Court directed that the balance should be paid by the judgment -debtors in quarterly instalments of Rs. 150/ - each. Aggrieved by this order, the judgment -debtors preferred an appeal to the District Judge. Cuttack who upheld the decision of the executing Court and dismissed the appeal.

(2.) SECTION 13 of the Act so far as is relevant may be quoted:

(3.) IN the result the revision petition is dismissed. But in the circumstances, without casts.