High Courts(1925) 09 MAD CK 0060

T.R.M.S. Ramanathan Chetti vs Nalla Veerappa Pillai

Madras High Court · Decided on 23 September 1925 · Citation: AIR 1926 Mad 272 : (1925) 22 LW 815

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Judgment

5 paragraphs · 126 words
1.

The District Judge passed the following order:

Proceedings closed. Sale held on the 3lst July 1922 is confirmed.

2.

We have pointed out in more cases than one that no Court which executes a decree can pass such an order as "Proceedings closed" or "Petition lodged" or "The matter is held over" for statistical purposes. It is the duty of the executing Court to execute a decree and it could dismiss the application, only if the creditor does not take proper steps and does not help the Court in executing the decree.

3.

We, therefore, set aside the order of the District Judge and direct him to restore the application to file and dispose of it according to law.

4.

Costs will abide the result.