GHASI SAHU Vs. HIMACHAL SAHU

JUDGEMENT

(1.) In this appeal, the appellants have challenged the order passed by the learned Additional District Judge, Sambalpur whereby he confirmed the order of the learned Subordinate Judge, Deogarh rejecting appellants' petition under O.21, R.58 of the Code of Civil Procedure ('Code' for short).

(2.) The uncontroverted facts relevant for disposal of the appeal are stated in brief. Respondent 1 is the adopted son of respondent 2 and her late husband, Appellant 1 is the minor son and appellant 2 is the wife of respondent 1. They are members of a Hindu Mitakshara joint family living in joint mess and property. In Title Suit No. 9/1 of 1968/80 for partition between respondents 1 and 2 a final decree was passed. In the final decree, schedule 'A' land was allotted to the share of respondent 1 which was made charge for recovery of mesne profits amounting to Rs. 22,930.00 decreed in favour of respondent 2. Respondent 2 brought Execution Case. No. 5 of 1982 against respondent 1 in which schedule 'A' land was attached for recovery of the mesne profits.

(3.) The appellants came up with a petition under O.21, R.58 of the Code stating therein that they have 1/3rd share each in schedule 'A' land which was not liable for attachment Therefore, the attachment in respect thereof should be vacated.