ANANDMAYEE SANGH A REGISTERED SOCIETY Vs. NEELAM JOSHI
HIGH COURT OF UTTARAKHAND
Sri Anandmayee Sangh a Registered Society
Smt. Neelam Joshi
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(1.) Heard Sri L.P. Naithani, Senior Advocate, along with Sri Sudhir Kumar, Advocate for the revisionist, Sri M.C. Pandey, Senior Advocate, assisted by Sri R.S. Bisht for respondents 1/1 to and Sri Chandra Mauli Sah, Advocate on behalf of respondents 3 and 4. Learned counsel appearing on behalf of both the parties have agreed that the writ petition may be disposed of without counter version.
(2.) Appeal from Order No. 447 of 2012 (now Civil Revision No. 77/2012) is directed against the order dated 11-9-2012, passed by Civil Judge (S.D.) Haridwar whereby the application 33-C/2 filed under Order 38 Rule- 5 C.P.C. has been rejected.
(3.) Briefly stated the facts of the case giving rise to this writ petition are that appellant/plaintiff filed suit No. 23/2008 against Chandra Sekhar Joshi. Application 33-C/2 was also moved with the prayer that the defendant No. 1 Chandra Sekhar Joshi is going to dispose of the property and it would be difficult to recover the decretal amount if the property is sold by the defendant No. 1.;
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