T.C.RAMCHANDRAN Vs. SINDHURAM YEDEKAR

JUDGEMENT

(1.) ALL the three above matters are taken up together for consideration and common argument being heard since they arise out of one and same proceedings. The A.O.Stamp No 5673 of 1986 is hereby admitted. Civil Application No.5572/86 in A.O. is hereby allowed and the names of heirs of the Appellant be brought on record. A.O. be registered immediately. A.O is admitted and taken up for final hearing by consent of both the Counsel alongwith the First Appeal and Civil Revision Application. The learned Counsel for the Appellant tenders additional grounds for the First Appeal and the same are taken on record. Heard both sides.

(2.) FEW facts which are necessary for the disposal of these three matters are as follows:

(3.) THE learned Counsel for the appellant contended that the decree passed by the trial court on merits is not sustainable, since the plaintiff's husband has not been examined in the Court below and further sufficient evidence was not there for passing a decree for possession. As far as the Notice of Motion is concerned, he argued that the appellant has placed sufficient cause for not complying with the order of the trial court in depositing the amount and the details are shown in his affidavit and the trial court erred in rejecting the request for setting aside the exparte decree and the order striking off the defence. Consequently, he also submitted that the appellant's objections have been erroneously over ruled in Execution case. He also submitted that his client is prepared to make deposit of whatever amount the court directs and also prepared to pay some costs. On the other hand, the learned counsel for the Respondent/plaintiff while supporting the impugned orders contended that there are no bonafides in the case of the Appellant and the litigation has been going on for the last 16-17 years and no case is made out for interfering with the impugned order. He further submitted that the appellant has not complied with the order of the trial court; his client has so far as paid Rs.2,85,000/- as out going to the Society.