U KARIYAPPA Vs. T V DEVARAJULU NAIDU

JUDGEMENT

(1.) This petition arises out of the order made by the II Addl. I Munsiff, Mysore, on I.A. No.II in MC. No.63 of 1972. The petitioner is the tenant while the respondent is the landlord of certain premises in Mysore City.

(2.) The landlord obtained a decree for eviction in HRC. No.282 of 1971. There, the tenant remained ex parte. When the landlord took execution of that decree in Ex.C. No.556 of 1972, the tenant made an application in MC. No.63 of 1972 praying for setting aside that ex parte decree and he also made an application, I.A.II praying for stay of further proceedings in Ex.G. No.556 of 1972 till the disposal of that Miscellaneous Case. The learned Munsiff directed the tenant to deposit a sum of Rs.3720 towards arrears of rent within one week from the date of his order (1-9- 1972) failing which, I.A.II would automatically stand dismissed.

(3.) Against the order of the learned Munsiff on I.A.II, the tenant went up in appeal before the Civil Judge in Ex.A.No.43 of 1972. The learned Civil Judge dismissed that appeal.