SOMESHWAR RAJARAM BHAT Vs. MANILAL BHAILAL PATEL

JUDGEMENT

(1.) These are two companion applications arising out of the following facts, A joint Hindu family consisting of three branches owned certain immoveable property. One of the three branches is represented now by Someshwar Jivram, the other by Someshwar Rajaram, and the third haunch has two sub-branches, one of which is represented by Chunilal, the junior brother of one Trambaklal, who was the judgment-debtor, with the sale of whose proprietary interest in the property we are now concerned.

(2.) One of the coparceners out of the family filed a partition-suit in August 1926. A preliminary decree was passed in the suit on September 14, 1927. A final decree was passed on January 18, 1929. As a result of the final decree, six definitely stated lots went to the branch of Someshwar Jivram and nine lots went to the branch of Someshwar Rajaram. The third branch got the rest of the lots. There were thirty six lots in all in the suit.

(3.) One Manilal, the opponent to the present petition, had obtained a money decree against Trambaklal sometime in April 1927. Prior to judgment, Manilal had secured attachment of Trambaklal's interest in one out of the thirty-six lots, and subsequent to the decree ha got an order for attachment in darkhast proceedings, so that in the end he secured attachment of the undivided interest of his judgment-debtor, Trambaklal, in all the lots. In course of time, the Court ordered the sale of the undivided one-ninth share of Trambaklal in almost all the lots.