Case No.
a proclamation for sale of the said property was issued under Order 21 Rule 66 of the Code of Civil Procedure.
This application was registered as Misc.
The respondents Prabhatilal Chowdhary Others filed a petition under Order 21 Rule 58 of C.P.C. for releasing the said property from attachment.
It is this decision allowing the said appeal which is assailed before us.
8 of 1978.
On a petition dated 26th Sep tember, 1975 the said property was again attached.
19 of 1970 was restored.
Thereaf ter.
Case No.
On 14th September 1970, the judgment debtor sold a portion of the attached property admeasuring a little over to 11 Kathas to one Bharat Shamshere Jung Bahadur Rana.
On 16th March, 1982 the aforesaid appeal from Order No.
282 of 1981 and C.R. NO.
8 filed by Prabhatilal and Others was dis missed.
1982 of the Calcutta High Court in F.M.A No.
On 29th March, 1972 Bharat Shamshere ,lung Bahadur Rana sold a portion of the said land admeasuring a little over 9 Kathas referred to hereinafter as the said property to Prabhat ilal Chowdhary and others who are the respondents in the present appeal.
From the Judgment and Order dated 16.3.
In August 1969, the appellant before us obtained a money decree in the High Court at Calcutta against the judgment debtor Maharaj Kumar Maley Chand Mahatab.
N. Sinha, M.P. Jha, K.C. Mittal and A.K. Chopra for the Respondents.
282 of 1981 C.R. No.
The Judgment of the Court was delivered by KANIA, J. This is an appeal directed against the judg ment of a Division Bench of the High Court of Calcutta in Appeal from Original Order No.
On 9th May, 1972 the aforesaid Execution Petition, namely.
On 31st July 1970 the appellant filed a petition for execution of the decree, numbered as Title Execution Case No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On 11th August, 1980 the said Misc.
On 3rd August 1970 attachment was levied in execution on open land 1040 belonging to the judgment debtor admeasuring about 19 Kathas at 10A, Diamond Harbour Road, and portion of premises No.
3842 m of 1980.
2843 m of 1980 was allowed by the Calcutta High Court.
19 of 1970.
282 of 1981 with C.R. No.
3535 of 1982.
S. Krishnamurthy Iyer, G.L. Sanghi, G.S. Chatterjee and D.P. Mukherjee for the Appellant.
19 of 1970 was dismisssed for default.
2 Judges Court Road, number, numbered as 6/1D, Diamond Harbour Road and 2/A, Judges Court Road, 24 Paraganas respectively.
The relevant facts for the purpose of this appeal can be shortly stated.
Title Execution Case No.
On 16th September, 1975, on an application by the appellant, the said Title Execution Case No.
3842 m of 1980.
