U NILAN Vs. KANNAYYAN DEAD

JUDGEMENT

(1.) The facts labyrinthically placed in the jargon of hosts of applications, appeals and revisions, are summed up below.

(2.) The respondent who is since dead and is now represented by his legal representatives (hereinafter referred to as 'respondent'), had mortgaged his properties by deposit of title deeds in favour of the appellant in 1976. On January 9, 1978, the appellant filed O.S. No. 21/78 for the recovery of mortgage money in the Court of Sub-Judge, Thanjore. A preliminary decree in the suit was passed on 10th September, 1979 for a sum of Rs. 73,915. This was followed by a final decree passed on 21-3-1980.

(3.) Since the respondent did not pay the decretal amount to the appellant, the latter, namely, the appellant filed an Execution Application (E.P. No. 164/80) for sale of the hypothecated property. When the property was put up for sale on 25-6-1981, no person was available to offer his bid and, therefore, E. P. No. 164/80 was consigned to record as closed.