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Damodar Lakhmidas Vs. Atmaram Narayan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberExtraordinary Application No. 224 of 1905
Judge
Reported in(1906)8BOMLR344
AppellantDamodar Lakhmidas
RespondentAtmaram Narayan
DispositionApplication allowed
Excerpt:
.....even in cases relating to admissions. - 1. the property is clearly subject to a mortgage in favour of the applicant, and that being so, the attachment can only be continued subject to that mortgage.lawrence jenkins, k.c.i.e., c.j.1. the property is clearly subject to a mortgage in favour of the applicant, and that being so, the attachment can only be continued subject to that mortgage.2. in directing that it should be continued free from the mortgage, the judge exercised a jurisdiction which he did not possess.3. we must, therefore, make-the rule absolute, set aside his order and direct the attachment to be continued subject to the mortgage.4. the applicant must have the costs throughout.
Judgment:

Lawrence Jenkins, K.C.I.E., C.J.

1. The property is clearly subject to a mortgage in favour of the applicant, and that being so, the attachment can only be continued subject to that mortgage.

2. In directing that it should be continued free from the mortgage, the Judge exercised a jurisdiction which he did not possess.

3. We must, therefore, make-the rule absolute, set aside his order and direct the attachment to be continued subject to the mortgage.

4. The applicant must have the costs throughout.


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