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Krishnan Nair Ammalu Amma Vs. Kunchi Amma Meenakshi Amma and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKerala High Court
Decided On
Case NumberSecond Appeal No. 751 of 1965
Judge
Reported inAIR1967Ker86
ActsCode of Civil Procedure (CPC) , 1908 - Sections 47 and 96
AppellantKrishnan Nair Ammalu Amma
RespondentKunchi Amma Meenakshi Amma and ors.
Advocates: V. Sankara Menon,; K.K.K. Kurup and; P.N. Namboodiri
DispositionAppeal dismissed
Excerpt:
- p.t. raman nayar, j.1. a dispute between the decree-holder auction-purchaser and his assign as to who is entitled to withdraw the money deposited by the judgment-debtor for having the sale set aside (the sale having been accordingly set aside) docs not relate to the execution, discharge or satisfaction of the decree. no appeal therefore lay against the order of the executing court allowing the assignee to withdraw the amount any more than an appeal lies from an 'adjudication under order xxi rule 16 of the code, much less does this second appeal.2. i dismiss this appeal.
Judgment:

P.T. Raman Nayar, J.

1. A dispute between the decree-holder auction-purchaser and his assign as to who is entitled to withdraw the money deposited by the judgment-debtor for having the sale set aside (the sale having been accordingly set aside) docs not relate to the execution, discharge or satisfaction of the decree. No appeal therefore lay against the order of the executing court allowing the assignee to withdraw the amount any more than an appeal lies from an 'adjudication under Order XXI Rule 16 of the Code, much less does this second appeal.

2. I dismiss this appeal.


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