MUTHUSWAMY PILLAI Vs. KOOTHARASU

JUDGEMENT

(1.) Decree - holders in O.S. No. 64 of 1969 on the file of Subordinate Judge's Court, Thanjavur, and transferred for execution before the Subordinate Judge, Pattukottai, are the revision petitioners.

(2.) Decree was granted in favour of plaintiffs whereby title over the property was declared, and the defendants were directed to put the plaintiffs in possession of the suit property. The decree is dated 27.4.1970.

(3.) Defendants, aggrieved by the judgement, filed an appeal before this Court as A.S. No. 613 of 1970. He also filed C.M.P. No. 12049 of 1970, to stay execution of the decree. As per order dated 20.12.1971, stay already granted was made absolute. It is seen that the defendant i.e., the appellant before this Court died on 4.9.1975, which fact was not brought to the notice of this Court. The appeal was posted for payment of printing charges, and since there was default in payment, appeal itself was dismissed on 29.4.1976.