MAQBUL AHMAD Vs. ONKAR PRATAP NARAIN SINGH
LAWS(BOM)-1935-2-5
HIGH COURT OF BOMBAY
Decided on February 07,1935

MAQBUL AHMAD Appellant
VERSUS
ONKAR PRATAP NARAIN SINGH Respondents

JUDGEMENT

- (1.) THIS is an appeal from a decree of the High Court of Judicature at Allahabad dated May 6, 1929, by which a decree dated April 29, 1924, made by the Subordinate Judge at Basti was affirmed. The decree of the Subordinate Judge had dismissed the application of the decree-holder in a mortgage suit to have the preliminary decree in the suit made absolute. The present appeal is brought by representatives of the decree-holder, since deceased, complaining of the decrees to which reference has been made.
(2.) THE facts of the case are shortly these. A preliminary mortgage decree was obtained on May 7, 1917, which was amended in some respects, not material to be particularised, on May 22, 1917. There were a number of mortgagors interested in different. villages comprised in the mortgage, and some of them appealed to the High Court against the preliminary decree. There were in fact two such appeals. One appeal succeeded, with the result that certain villages were excluded from the decree, and the suit of the mortgagee was dismissed as against those appellants. , So far as they were concerned, that was the end of the matter. There was a second appeal, by which certain of the mortgagors sought to exclude other villages from the decree, and that appeal failed.
(3.) THE decrees of the High Court disposing of those appeals were made on June 7, 1920. After the decrees of the High Court dealing with the appeals in the way that has been indicated, the decree-holder proceeded to seek execution under the preliminary decree and between December 23, 1920, and November 8, 1921, he was occupied with those proceedings. It was held that he was not entitled to proceed by way of execution under the preliminary decree, and that all he could do was to take proper steps to obtain a final decree in the suit.;


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