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Mohesh Chandra Shaha and anr. Vs. Rani Brindarani Chowdhurani and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.529
AppellantMohesh Chandra Shaha and anr.
RespondentRani Brindarani Chowdhurani and ors.
Excerpt:
appeal - fruitless even if successful--execution--direction that properties, be sold in particular order--appeal by judgment-debtor--sale absolute--no appeal filed against order dismissing application to set aside sale--whether appeal against first order competent. - .....the appellant succeed in making out that the order now before us is bad or improper, it would be futile for us to set it aside when that could not affect the sale which subsequently took place.2. we say nothing as to the merits of the case before us which, in fact, hare not been gone into. bat we dismiss the appeal merely because the appeal, if it were successful, would be fruitless. the ' appeal is, therefore, dismissed with costs. we assess the hearing-fee at two gold mohurs.
Judgment:

1. This is an appeal against an order made in the execution of a mortgage-decree on the 6th April 1910, directing that the mortgaged properties should be sold in the order in which they stood in the sale proclamation. Since this order was made, the properties have been sold in. that order. That sale still stands although objections were taken to it not by the appellant now before us but by a third person. Now should the appellant succeed in making out that the order now before us is bad or improper, it would be futile for us to set it aside when that could not affect the sale which subsequently took place.

2. We say nothing as to the merits of the case before us which, in fact, hare not been gone into. Bat we dismiss the appeal merely because the appeal, if it were successful, would be fruitless. The ' appeal is, therefore, dismissed with costs. We assess the hearing-fee at two gold mohurs.


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