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T.R.M.S. Ramanathan Chetti Vs. Nalla Veerappa Pillai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1926Mad272
AppellantT.R.M.S. Ramanathan Chetti
RespondentNalla Veerappa Pillai
Excerpt:
- 1. the district judge passed the following order:proceedings closed. sale held on the 3lst july 1922 is confirmed.2. we have pointed out in more cases than one that no court which executes a decree can pass such an order as 'proceedings closed' or 'petition lodged' or 'the matter is held over' for statistical purposes. it is the duty of the executing court to execute a decree and it could dismiss the application, only if the creditor does not take proper steps and does not help the court in executing the decree.3. we, therefore, set aside the order of the district judge and direct him to restore the application to file and dispose of it according to law.4. costs will abide the result.
Judgment:

1. The District Judge passed the following order:

Proceedings closed. Sale held on the 3lst July 1922 is confirmed.

2. We have pointed out in more cases than one that no Court which executes a decree can pass such an order as 'Proceedings closed' or 'Petition lodged' or 'The matter is held over' for statistical purposes. It is the duty of the executing Court to execute a decree and it could dismiss the application, only if the creditor does not take proper steps and does not help the Court in executing the decree.

3. We, therefore, set aside the order of the District Judge and direct him to restore the application to file and dispose of it according to law.

4. Costs will abide the result.


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