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1978 Supreme(Mad) 642

T.SATHIADEV
The Official Receiver, Salem – Appellant
Versus
C. B. Samanthagam Ammal and others – Respondent


Advocates:
O. V. Balaswami, for Petitioner.
M. Kumaraswami Pillai, for Respondents.

ORDER.— C.R.P. No. 2687 of 1978 is filed against an order made in I.A. No. 1495 of 1974 which was filed for grant of extension of time for depositing the sum of Rs. 20,000 into Court as ordered in LA. No. 214 of 1971 dated 5th March, 1974.

2. C.R.P. No. 2724 of 1978 is filed against the order in LA. No. 1407 of 1974 which was filed by ‘the Official Receiver for directing the plaintiff in the suit to execute a sale of his half share in the suit properties on receiving a sum of Rs. 20,000. Apart from this, I.A. No. 1494 of 1974 was also filed for excusing the delay in filing LA. No. 1495 of 1974. All these three interlocutory applications were heard and disposed of by the Court below by a common order dated 19th June, 1976.

3. In O.S. No, 652 of 1971, the plaintiff, having a half share in the properties, applied for sale of the shares of the defendants by invoking section 3 of the Partition Act and in I.A. No. 214 of 1971 dated 5th March, 1974, the Court directed him to deposit a sum of Rs. 20,000 within a period of three months from the date of that order. The period expired on 5th June, 1974. By that date, he could not deposit the amount as he was undegoing treatment in the hospital










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