Supreme Court · 1983 INSC 131 · Decided 28 September 1983
Kabidi Venku Sah v. Syed Abdul Hai and Others
- Court
- Supreme Court of India
- Citation
- 1983 INSC 131 · [1984] 1 S.C.R. 112
- Case number
- CIVIL APPEAL No. 1833/1970
- Decided
- 28 September 1983
- Bench
- D.A. DESAI, O. CHINNAPPA REDDY, A. VARADARAJAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908-0. 21, r. 58-Claim Petition for gettinz an attachment faised-By a ·simp/~ mortgagee having no interest in equity of redemption and not enjoying possession of property-JVhether competent? On the basis of a sirilple mortgage executed in his favour· in- the on 4-9-1967, brought the mortgaged property to sale, purchased it himself on 24-7-1968 and got the sale confirmed by court on 28-8-1968. The first respondent who held a promissory note exeC:uted in his favour by th~ oWner .of the. said property in 1961, i~stituted a suit for recovery of the sum
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