SIVARAMA CHETTIAR Vs. KRISHNA GOUNDER

JUDGEMENT

(1.) C.M.P. No. 16797 of 1987 is filed by the respondents in A.S.No., 650 of 1986 of this Court, to vacate the stay granted in C.M.P. No. 9242 of 1986 in A.S. No 650 of 1986. C.M.P. No. 16798 of 1987 is for stay of execution of the decree in O.S. No. 110 of 1982 on the file of the Sub-Court, Villupuram, pending disposal of the said appeal.

(2.) IN C.M.P. No. 16797 of 1987, the main contention of the learned counsel for the petitioners is that this court passed a conditional order on 10.12.1986 making the interim stay already granted absolute on condition of the appellants, who are the respondents herein, paying a sum of Rs. 23,000/- to the credit of O.S. No. 88 of 1984, on the file of the Sub Court, Villupuram, within eight weeks from the date of the order and furnishing security to the tune of Rs. 23,000 within ten weeks from the date of the order and in default in complying with any one of the said directions the stay granted shall stand automatically vacated. Though the appellants have paid the amount within the time, they have not complied with the order in respect of filing of the bond for a sum of Rs. 23,000 in stamp papers of proper value, but only filed a draft bond in a plain paper on 5.2.1987 and the said filing of the draft bond would not amount to compliance of the condition stipulated by this Court. Hence the stay is to be vacated.

(3.) THE learned counsel for the petitioners, Mr.K.S.Gurumurthy, relied on the decision reported in MURUGAYYA PILLAI v. SEETHALAKSHMI AMMAL, (1958)1 M.L.J. 330 I.L.R. 1958 Mad. 590: 1958 L.W. 257, wherein Ganapatia Filial, J., held as follows: