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2002 Supreme(SC) 333

BRIJESH KUMAR, R.P.SETHI, D.P.MOHAPATRA
Bhaskaran – Appellant
Versus
Sreedharan – Respondent


ORDER

Leave granted.

2. This appeal filed by the plaintiff is directed against the order passed by the Kerala High Court in C.R.P. No. 1390/2000-E, holding, inter alia, that the execution petition filed by the defendant No.1 respondent herein, is not barred by limitation. The execution petition arose out of a suit for partition in which a compromise decree was passed on 18th October, 1979. In the compromise decree, certain arrangement for distribution of the properties between the plaintiff and defendant No. 1 who are brothers was made. It was provided in the compromise decree that the defendant, respondent herein, shall pay a sum of Rs. 6250/- to the plaintiff, appellant herein, on or before 6th February, 1980 and the plaintiff to execute the release deed in favour of the defendant. It was also provided that the plaintiff and his family can reside in the property for two months from the date of decree to enable them to obtain alternate accommodation. It was further provided that in case the first defendant did not pay Rs. 6250/- to the plaintiff, the plaintiff can pay Rs. 5250/- to the first defendant and obtain the release of the rights of the first defendant. It appears that there






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