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S. Viswanatha Aiyar and ors. Vs. Narayanaswami Aiyar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1939)2MLJ398
AppellantS. Viswanatha Aiyar and ors.
RespondentNarayanaswami Aiyar and anr.
Excerpt:
- 1. we uphold the preliminary objection that no appeal lies from the order under section 23 of the madras act iv of 1938. this is not a question relating to the execution, discharge or satisfaction of the decree under section 47 of the civil procedure code.2. moreover, on the merits, the appellants have no case. they had no interest in the 8th item of property sold, either at the time of the sale or even at the time the suit was filed. they had parted with all their interest in the 8th item in 1931, at least five years before the suit was filed.3. this appeal is dismissed with costs of the respondents (two sets).4. we are asked to treat this as a civil revision petition but there is no question of jurisdiction and we are unable to accede to this request.
Judgment:

1. We uphold the preliminary objection that no appeal lies from the order under Section 23 of the Madras Act IV of 1938. This is not a question relating to the execution, discharge or satisfaction of the decree under Section 47 of the Civil Procedure Code.

2. Moreover, on the merits, the appellants have no case. They had no interest in the 8th item of property sold, either at the time of the sale or even at the time the suit was filed. They had parted with all their interest in the 8th item in 1931, at least five years before the suit was filed.

3. This appeal is dismissed with costs of the respondents (two sets).

4. We are asked to treat this as a Civil Revision Petition but there is no question of jurisdiction and we are unable to accede to this request.


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