94 of 1959 on the ground that the decree cannot be executed in view of the provisions of the Act.
110 of 1959 was filed by the judgment debtors is barred on the principles of res judicata and further on July 23, 1960 for default of the judgment debtors.
The decree holders filed petition for passing a final decree on September 19, 1955.
Appeal by special leave from the judgment and order dated February 3, 1964 of the Patna High Court in, Appeal from Appellate Order No.
A third application raising the same ground of objection Misc.
A final decree was passed in the mortgage suit on October 1, 1956.
Case No.
That application was dismissed for the default of the judgment debtors on September 12, 1959.
That application was dismissed on January 4,1962 after examining the companytentions of the parties.
Case No.
The Act came into force after the passing of the aforementioned preliminary decree.
This decision as mentioned earlier was affirmed by the appellate companyrt but reversed by the High Court.
Sarjoo Prasad and R. C. Prasad, for the appellants.
99 of 1963.
Thereafter the mortgagees applied under s. 14 of the Act and got determined the companypensation to which they were entitled under the Act.
368 of 1966.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
99 of 1963 was filed obtaining special leave from this Court.
The mortgages, the appellants in this appeal obtained a preliminary decree on June 26, 1947 on the basis of a mortgage.
91 of 1960 was filed by the judgment debtors on September 12, 1960.
The Judgment of the Court was delivered by Hegde, J. This appeal against the judgment of the Patna High Court dated the 3rd February, 1964 in its Appellate Order No.
Case No.
K. Sinha and S. K. Bisaria, for the respondents.
The judgment debtors resisted that execution by filing an application under S. 47, Civil Procedure Code Misc.
It is said that they did number proceed, any further in that proceeding but on the other hand filed on June 18, 1958 an execution petition to execute the mortgage decree against the, Bakasht lands.
That property included both Bakasht lands as well as other lands.
The property mortgaged was an Estate within the meaning of the Act.
A second application raising the same ground Misc.
