V R MARGACHARI Vs. M R KRISHNASWAMI MUDALIAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the judgment-debtors against the order of the learned Single Judge of this Court, dismissing A.A.O.No.183 of 1976. A.A.O.No.183 of 1976 had been filed by the appellants against the dismissal of an application filed by the appellants before the executing Court for a declaration that the Court sale held on 7-7-1975, in execution of the decree in O.S.No.295 of 1972, on the file of the Subordinate Court, Vellore was void and inoperative.

(2.) The facts necessary for the disposal of the appeal may be set out as follows:

(3.) The appellants had executed three mortgages in favour of the respondents on three different dates for a total sum of Rs.12,300.00. The respondents filed O.S.No.295 of 1972 on the file of the Sub-Court, Vellore on the foot of the mortgages on 16-12-1972. The appellants filed a written statement claiming benefits under the Tamil Nadu Debt Relief Act 38 of 1972. A preliminary decree was passed on 20-10-1973. Thereafter, the respondents filed an application for the passing of a final decree and on 31-10-1974 a final decree was passed on the basis of an endorsement made by the defendants counsel. Thereafter, the respondents filed E.P.No.17 of 1975 to execute the decree. In the meanwhile, Tamil Nadu Ordinance 1 of 1975 was passed on 16-1-75-On 26-2-1975, the appellants entered appearance before the executing Court and took time for filing their objections to the execution application till 5-3-1975. On 5-3-1975, the appellants made an endorsement that there was no objection to the execution petition. Thereupon, the respondents brought the property to sale and the sale was held on 7-7-1975 and the same was purchased by the second respondent for a sum of Rs.31,000.00, which was confirmed on 28-2-1976. Before the date of sale, the appellants filed E.A.No.255 of 1975 for stay of the execution proceedings under the Tamil Nadu Ordinance 1 of 1975. to may be mentioned here that the Ordinance 1 of 1975 had been superseded and replaced by the Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 on 3-4-1975. Thereafter, the appellants filed another application in E.A.No. 323 of 1975 for stay of the execution proceedings.