T. N. VALLINAYAGAM, J.

( 1 ) THE plaintiff-decree-holder is the appellant in this second appeal. His application for drawing final decree in FDP 2/82 on the file of the Addl. Munsiff, Chikodi, was allowed by the trial Court on 31-8-1984. On appeal in R. A. 104/84, the learned Addl. Civil Judge, Chikodi has allowed the appeal on 14-8-1986 and dismissed the application. The question of law that is framed in this second appeal is as follows :"whether Article 137 of the Limitation Act applies in respect of an application filed under Order 34, Rule 8, C. P. C. particularly when there is no decree for foreclosure ?

( 2 ) THE averments in the application are that in the suit for redemption of possessory mortgage for Rs. 700/-, a preliminary decree has been passed to redeem the mortgaged property which are 29 guntas in RS No. 174/6, apart from 1/8th right to take water. The decree-holders contended that the amount has been paid in due time and therefore he sought for the final decree. The judgment-debtor resisted the application contending that the decree-holders are not entitled to file the present application as they have failed to comply with the terms of the decree. In the additional sta

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