G F ANGADI Vs. Y S HIRANNAYYA

JUDGEMENT

(1.) These two appeals, by special leave, are from the common judgment passed by High court of Mysore on 16-6-1966 confirming the order of the District Court, Bangalore, allowing an application for execution of the compromise decree passed on 24-6-1959 in appeal from the decree in O.S. 85 of 1949-50 of that court.

(2.) The appellant was the defendant in the suit and the respondent the plaintiff. As matter in controversy between the parties in the appeal turns upon the construction of the compromise decree, it is necessary to set out its terms:

(3.) The respondent applied for challan on 22-12-1959 to deposit the amount and a challan was issued to him on 24-12-1959, the last working day before the Court closed for Christmas holidays. December 31, 1959 and January 1, 1960, were holidays. Neither the lower courts nor the banks were open on these days. The respondent made the deposit on 2-1-1960 and sought to enforce his right under the decree by compelling the appellant to execute the conveyance in terms of the compromise decree by filing execution case No. 25/1960. The appellant also filed execution case No.45 of 1960 for cost on the basis that the suit stood dismissed as per the provision in the decree on the failure of the respondent to deposit the amount by 1-1-1960. These two petitions were heard together, and the court passed an order holding that the respondent had made the deposit in substantial compliance with the decree and allowing execution case No.25 of 1960 and dismissing execution case No.45 of 1960. Against this order, the appellant filed appeals 33 and 34 of 1960 before the High Court of Mysore. A Division Bench of the High Court, by its judgment dated 16-6-1966, dismissed the appeals with costs.