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1942 Supreme(Mad) 379

KRISHNASWAMI AYYANGAR
S. A. Ramanathan Chettiar – Appellant
Versus
M. P. Kasi Chettiar alias Meyyappa Chettiar – Respondent


JUDGMENT

Krishnaswami Ayyangar, J.

1. This is an appeal by the judgment-debtor from an order of the Subordinate Judge, Devakottai transmitting the decree in O.S. No. 33 of 1927 for execution to the Court of the Subordinate Judge at Tanjore.

2. The appellant raised two contentions in the Court below both of which have, however, been overruled The first was that by reason of an order for stay made by the Subordinate Judge of Devakottai in pursuance of the direction of this Court in C.M.A. No. 403 of 1941, the respondents 1 to 7 were not entitled to execute the decree until the disposal of A.S. No. 243 of 1942 pending in this Court. The latter appeal is from a decision of the same Court in O.S. No. 29 of 1931 in which the appellant was the plaintiff and the respondents 1 to 7 were defendants. By the final decree passed in the lower Court it was found that there was a sum of Rs. 476 payable by the appellant to the respondents 1 to 7. This figure was arrived at after setting off the costs payable to the respondents 1 to 7 against a sum of Rs. 1,000 only found in favour of the appellant. A.S. No. 243 of 1942 which we referred to is an appeal from this decree.

3. The directions contained in t






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