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1929 Supreme(Mad) 263

WALSH
Ulaganatha Mudaliar – Appellant
Versus
Molaveedu Alagappa Mudaliar – Respondent


JUDGMENT

Walsh, J.

1. This is an appeal against the order of the Subordinate Judge of Tuticorin in E.P. No. 159 of 1926 in O.S. No. 92 of 1916. This execution petition prayed that the immovable properties of respondents 1 to 10 should be attached and sold and it was allowed. The appellants are respondents 7 to 10 in the execution petition and defendants 7 to 10 in the suit. The respondent is the assignee decree-holder.

2. The history of the execution proceedings which led up to this order is somewhat complicated. The main points are as follows:

The respondents predecessor-in-title had instituted a suit O.S. No. 92 of 1916 on a mortgage. On 29th September 1917 a compromise decree between the parties was passed. A final decree was passed on 14th September 1918 and a personal decree on 23rd October 1919. By the terms of the razinama decree out of Rs. 13,200 settled as the amount due from the date of the plaint with subsequent interest and costs, Rs. 2,100 was to be remitted by the plaintiff in favour of the defendants and in respect of the balance of Rs. 11,000, Rs. 7,100 was to bear interest at 1 1/4 per cent per mensem from the date of the decree and the said interest was to be paid in






















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