BALAKRISHNAN Vs. KRISHNA MOORTHY

JUDGEMENT

(1.) This is an appeal under, Order 43, Rule 1, C. P. C. by the respondent Balakrishna against the judgment and decree dated 24th Aug., 1977 in A. S. 146 of 1977, on the file of the Court of the learned Principal District Judge, Pondicherry, allowing the appeal and setting aside the judgment and decree of the trial Court, and remanding the matter to the trial Court for fresh disposal in accordance with the law. The court-fee paid in the appeal was directed to be refunded. The appeal was against the order and decree dated 5-3-1976, in E. A. 65 of 1972 in E. P. 25 of 1972, passed by the learned Subordinate Judge, Karaikal.

(2.) E. P. 25 of 1972 in A. S. 38 of 1967, E. A. 26 of 1972 in E. P. 25 of 1972 and E. A. 65 of 1972 in E. P. 25 of 1972, were disposed of altogether by the learned Subordinate Judge, Karaikkal on the 5th Mar., 1976. We are concerned only with respect to E. A. 65 of 1972 in E. P. 25 of 1972.

(3.) E. P. 25 of 1972 is the petition filed by the legal representative of the deceased decree-holder, one Govindasami Pillai, for the delivery of possession of immovable properties (lands) purchased by the petitioners in court auction on 15-3-1972.