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1960 Supreme(Mad) 180

BALAKRISHNA AYYAR
Lokambal Achi – Appellant
Versus
P. Srinivasa Pillai – Respondent


Advocates:
T. Munuswami Reddi, for Appellant.
J.R. Gundappa Rao, for Respondent.

Judgment:

Lokambal Achi, the decree-holder in Original Suit No. 65 of 1943 on the file of the Subordinate Judge of Cuddalore is the appellant before me. On 9th October, 1950, she obtained a decree in that Court for Rs. 12.278-1-0. Defendants 2 to 5 in the suit appealed to this Court in A.S. No. 117 of 1951. While the appeal was pending, Lokambal Achi levied execution. The judgment-debtors then moved this Court for stay of execution and by an order of this Court made on 29th March, 1951, it directed the judgment-debtors to deposit in Court a sum of Rs. 5,000 in cash. The judgment-debtors were further directed to furnish security for the balance of the decree amount and costs. The judgment-debtors deposited Rs. 5,000 on nth April, 1951, but instead of furnishing security in respect of the balance of Rs. 7,496-5-0 they elected to deposit that money into Court. This they did on 25th June, 1951. On 11th July, 1951, the decree-holder applied for a cheque for Rs. 1,056-5-0 stating that it represented the costs of the suit. A cheque was ordered to issue for this amount and this was done apparently on 7th August, 1951. On 13th September, 1955, this Court disposed of Appeal No. 117 of 1951 b



















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