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    <title>1957 (3) TMI 67 - HIGH COURT COURT OF BOMBAY AT NAGPUR</title>
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    <description>Order 21, Rule 59 CPC confines a claim for removal of attachment to a summary inquiry into actual possession at the date of attachment or a limited interest making the judgment-debtor&#039;s possession referable to the claimant. It does not allow a detailed investigation of title or later-acquired possession. As the applicants were not in possession when attachment was levied and relied instead on subsequent possession and prior title disputes, the rule&#039;s essential requirements were not satisfied. The claim was therefore not maintainable, and the order allowing removal of attachment was unsustainable.</description>
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    <pubDate>Tue, 12 Mar 1957 00:00:00 +0530</pubDate>
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      <title>1957 (3) TMI 67 - HIGH COURT COURT OF BOMBAY AT NAGPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=272895</link>
      <description>Order 21, Rule 59 CPC confines a claim for removal of attachment to a summary inquiry into actual possession at the date of attachment or a limited interest making the judgment-debtor&#039;s possession referable to the claimant. It does not allow a detailed investigation of title or later-acquired possession. As the applicants were not in possession when attachment was levied and relied instead on subsequent possession and prior title disputes, the rule&#039;s essential requirements were not satisfied. The claim was therefore not maintainable, and the order allowing removal of attachment was unsustainable.</description>
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      <pubDate>Tue, 12 Mar 1957 00:00:00 +0530</pubDate>
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