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1962 Supreme(Mad) 391

GANAPATIA PILLAI, KUNHAMED KUTTI
Chellappa Chettiar – Appellant
Versus
T. P. Kalyanasundaram and others – Respondent


Advocates Appeared:
D. Ramaswami Aiyangar and P.R. Varadarajan, for Appellants; M.S. Venkatarama Iyer and S.M. Subramaniam, for Respondents.

Judgement

GANAPATIA PILLAI, J. :- C. M. A. No. 137 of 1960 is directed against the order of the Subordinate Judge of Tanjore allowing the application made by the judgment-debtor in a mortgage decree under Order 34 rule 5 to receive the amount deposited into court. C. M. A. No. 138 of 1960 is preferred against the order of the Subordinate Judge consequent upon the order made by him in the application made under Order 34 rule 5 setting aside the sale in question and the C. R. P. is directed against the first order on the footing that if no appeal was competent the order was liable to be revised. The short facts necessary to understand the case are these. The first respondent in both the C. M. As. obtained a mortgage decree on the foot of a mortgage in O. S. No. 58 of 1955 on the file of the Sub-Court, Tanjore. The preliminary decree was passed on 18-11-1955. The amount directed to be deposited by the preliminary decree not having been deposited within the time allowed, the final decree followed on 4-8-1956. Thereafter E. P. No. 168 of 1957 was filed by the decree-holder (mortgagee) for bringing to sale all the six items of property included in the hypotheca. In the sale held on 31-3-1







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