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1949 Supreme(Mad) 309

KRISHNASWAMI NAYUDU
Ayyammal – Appellant
Versus
Thangavelu Padayachi – Respondent


Advocates:
K.S. Desikan and T.R. Ramachandran for Appellants.
S. Amudachari for Respondent.

Judgment

This is an appeal by the plaintiffs in O.S. No. 395 of 1947 on the file of the Court of the District Munsiff of Turaiyur against the appellate order in A.S. No. 887 of 1948, directing them to re-deliver possession of a house to the respondent in this appeal. The appellants who are plaintiffs in O.S. No. 395 of 1947 obtained a decree for possession of a house on the 8th March, 1948. The defendant-respondent filed an application E.A. No. 194 of 1948 on the 15th April, 1948, for stay of execution of the decree pending his filing an appeal and obtaining an order of stay from the appellate Court. Notice of this application was served on the pleader for the plaintiffs, and this application, after several adjournments and after objection raised on behalf of the plaintiffs, was finally heard on the nth June, 1948, when stay of execution of the decree was granted by the District Munsiff of Turaiyur pending the obtaining of stay from the appellate Court. The decree in O.S. No. 395 of 1947 was apparently transmitted to the District Munsiff’s Court of Ariyalur for execution, and it is not shown to me how the decree was transmitted for execution to a different Munsiff altogether. Howeve









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