Kolkata Court June 1925 Judgments
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Surendra Nath Das Gupta and anr. Vs. Satyendra Nath Bhattacharjya and ...
Court: Kolkata
Decided on: Jun-01-1925
Reported in: AIR1926Cal985,92Ind.Cas.544
Chakravarti, J.1. This is an. appeal by the judgment-debtor against an order of the District Judge of Chittagong, dated the 18th March 1925. The facts are these. The properties of the judgment-debtors were put up to sale in execution of a mortgage-decree obtained by the respondents-mortgagees. In execution of that decree the lands described in the boundaries of the mortgage-deed were sold and, purchased by the decree-holders. The decree-holders obtained possession of the properties purchased by them at the auction-sale. In the proceedings in execution the purchasers were obstructed by the judgment-debtors and by an application proceedings under Order XXI, Rule 98 were initiated. That application was made by the auction-purchaser and was headed as an application under Order XXI, Rule 98, C.P.C. The learned Subordinate Judge passed an order adverse to the auction-purchasers and it purported to have been made under the said rule. Against that order the auction-purchasers preferred an appe...