Bombay High Court
Damodar Lakhmidas vs Atmaram Narayan on 14 November, 1905
Equivalent citations: (1906)8BOMLR344
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.