RAMANATHAN CHETTIAR Vs. MARRMVISWANATHAN CHETTIAR

JUDGEMENT

(1.) This is an application for the stay of execution of the final decree in a mortgage suit passed by the Subordinate Judge of Devakottai in O.S. No. 29 of 1927.

(2.) The second defendant in the suit is the petitioner before us. The mortgage bond was executed by the first defendant, the adopted son of one Chockalingam Chettiar. Defendants 3 and 4 are the children of the first defendant. The second defendant - the petitioner - is the natural son of the said Chockalingam Chettiar by his second wife whom he married after the death of his first wife who was the adoptive mother of the first defendant. The application is made under Order 45, Rule 13 of the Civil P. C.. The first Court passed a preliminary mortgage decree dismissing the suit as against defendants 2 to 4. On appeal, the High Court reversed the decree of the trial Court and passed a mortgage decree against the second defendant and defendants 3 and 4 as well.

(3.) An appeal to the Privy Council against this decree has been filed by the second defendant and it has been admitted. Subsequent to the filing of the appeal, the trial Court has passed the final decree, and now the decree-holder, it is alleged, is seeking to execute the final decree; and the petitioner asks us to stay the execution of the decree pending disposal of the appeal to His Majesty in Council.