MADHU MALIK Vs. CANARA BANK

JUDGEMENT

(1.) RESPONDENT bank filed a suit for the recovery of money by sale of the mortgaged property. a preliminary decree was passed on 11. 8. 1993 and thereafter the final decree was passed on 6. 4. 1992. The bank ultimately took execution the decree on 29. 9. 1994. Judgment debtor Shanti Devi filed objections to the execution application on 8. 4. 1995. Objections were considered by the executing court and dismissed on 9. 1. 19%. This order became final and was not challenged.

(2.) A little later, Shanti Devi died and her legal representatives came to be brought on record. They also filed objections which were exactly the same as were raised by their mother, judgment-debtor Shanti Devi. Executing Court again considered those objections and dismissed the same by order dated 4. 5. 1996. Hence this revision at the instance of one of the heirs of judgment-debtor Shanti Devi.

(3.) THE matter came up for hearing before H. S. Bedi, J. on 24. 9. 1996 when Mr. S. K. Syal, learned-counsel for the petitioner submitted that the petitioner and her co-sharers be allowed to sell the property to defray the amount to the bank. It was further stated that they will effect the sale within two months. In that view of the matter, the case was adjourned to 12. 12. 1996. It, however, seems that the matter was not put up for hearing thereafter. It will be relevant to notice the order passed by H. S. Bedi, J. which reads with: