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Karnataka Court June 1968 Judgments

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Jun 05 1968

Shivadas Subrao and Co. and anr. Vs. V.D. Divekar and anr.

Court: Karnataka

Decided on: Jun-05-1968

Reported in: AIR1969Kant73; AIR1969Mys73; (1968)2MysLJ111

ORDER1. The question that arises for consideration in this revision petition is when a sale in execution has become absolute, whether the court can grant a certificate under Order XXI Rule 94 of the Code of Civil Procedure, to the representative of the deceased purchaser? The facts leading to this question may briefly be stated as follows:Shivadas Subrao & Company, a registered firm consisted of two partners, R. C. Parekh, since deceased and Shivdas Subrao Matibetkar, Opponent No.1 V. D. Divekar, was a debtor to the firm. The firm instituted a suit against him and obtained a decree for a sum of Rupees 2,798-10-0 and in execution of that decree, bought his house bearing CTS No. 445/2B in the City Survey Ward No. 1 of Hubli City for sale. R. G. Parekh the deceased partner purchased the house on 2-12-1952 on behalf of the firm. The Judgment-debtor applied to have the sale set aside; but that application was dismissed and the sale became absolute on 9-12-1958. In the meanwhile on 26-12-195...


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