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Natesa Udayan Vs. Annasami Udayan and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in34Ind.Cas.756
AppellantNatesa Udayan
RespondentAnnasami Udayan and ors.
Cases Referred and Balaji Rao v. Harirama Chetty
Excerpt:
limitation act (ix of 1908), schedule i, article 182 - transfer of property act (iv of 1882), section 69--mortgage--decree--execution--decree absolute, prayer for, absent in application--prayer for sale, if implies prayer for making decree absolute. - 1. the judgment under appeal is in accordance with a current of decisions of this court [singaravelu pillai v. santhana krishna mudaliar 31 ind. cas. 9 mohammad husain saib v. abdul kareem saib 29 ind cas. 237 and balaji rao v. harirama chetty 21 ind. cas. 318 which, no doubt, are not yet included in the authorised reports, but in which we concur. the appeal against appellate order is, therefore, unsustainable and is dismissed with costs.
Judgment:

1. The judgment under appeal is in accordance with a current of decisions of this Court [Singaravelu Pillai v. Santhana Krishna Mudaliar 31 Ind. Cas. 9 Mohammad Husain Saib v. Abdul Kareem Saib 29 Ind Cas. 237 and Balaji Rao v. Harirama Chetty 21 Ind. Cas. 318 which, no doubt, are not yet included in the authorised reports, but in which we concur. The appeal against appellate order is, therefore, unsustainable and is dismissed with costs.


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