947 48 of 1981.
111 of 1981 has been preferred against the judg ment and order of the High Court in C.M.P. No.
2875 of 1980.
2875 of 1980 was with regard to the deposit of the amount stipulated in the first companydition of the order of this Court dated 29 November, 1979.
2424 2425 of 1980 till then, she paid into the High Court a sum of Rs.6,02,000 on 29 May, 1980 by cheque purporting to companyply with the first companydition set out in this Courts order aforesaid.
1979 which was dismissed by the High Court.
The only question decided against the appellant by the High Court in C.M.P. No.
2424 and 2425 of 1980 in the High Court for a declara tion that the payment as mentioned above was in companypliance with the order of this Court and she claimed a set off of the amount of Rs.5,96,687.19 paid by her earlier to the South Indian Bank which she was entitled to recover from the respondent in accordance with the second companydition of the order of this Court dated 29 November, 1979.
This Court disposed of the said appeals by the following order dated 29 November, 1979 We direct that a decree be passed that the plaintiff Appellant do deposit within six months from today the entire sum of Rs.3,45,000 together with interest due upto date at the rate of 11 per cent, together with an undertaking that she would give up all her rights under the mortgage decree passed in her favour in C.S. No.
From the Judgment and Order dated 21.10.1980 of the Madras High Court in Application No.
Civil Appeal No.
In the event of number com pliance with either of these companyditions the appeals will stand dismissed with companyts.
Purporting to companyply with the above order of this Court, the appellant deposited a sum of Rs.2,42.822.19 on 11 April, 1980 in the High Court with the undertaking to give up all her rights decreed in C.S. No, 15 of 1968 and filed C.M.P Nos.
2875 of 1980 in the High Court for a declaration that she had company plied with the aforesaid order of this Court dated 29 Novem ber.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The crucial issue was whether the payment made by the appellant on 29 May, 1980 by cheque of the amount of Rs.6,02,009 together with the amount deposited earlier on 11 April, 1980 was in due companypliance of the first companydition of this Courts Order dated 29 November, 1979.
The Judgment of the Court was delivered by PATHAK, C J The appellant herein filed Civil Suit No.
Abdul Kareem, A.T.M. Sampath and P.N. Ramalingam for the Appellant.
The High Court held that the appellant was liable to discharge the mortgage and directed her to deposit in Court a sum of Rs.3,50,000 with interest for the purpose.
2424 and 2425 of 1980 filed by the appel lant in the High Court were dismissed by a Single Judge by an order dated 6 June, 1980 against which the appellant preferred Petitions for Special Leave to Appeal Nos.
2875 of 1980.
The appellant paid the amount direct to the mortgagee.
Govind Swaminathan, Rajendra Chowdhary, N.S. Sivam and K. Madhavan for the Respondents.
18 of 1968 in the High Court for specific performance of a companytract to sell the suit property by the respondent herein to her.
The time limit fixed for fulfilling the two companyditions set out in this Courts order dated 20 November, 1979 having fallen on 29 May, 1980 and the High Court number having passed orders on her M.Ps.
S. Krishnamoorthi Iyer, S. Balakrishnan and K.D. Namboodiri for the Intervener.
A question which arose for decision was whether the appellant should discharge the mortgage of the suit property created by the respondent in favour of the South Indian Bank.
111 N of 1981.
The High Court refused to accept the payment made directly to the mortgagee as due companypliance with its decree and against that order of the High Court the appellant preferred civil Ap peals Nos.
1993 1994 of 1977.
The appellant also filed another C.M.P. No.
