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1964 Supreme(Ker) 121

S.VELU PILLAI
Bhargavan – Appellant
Versus
Halima Bivi – Respondent


Judgment :-

1. The sole question for decision in this Second Appeal by the 9th defendant, judgment-debtor, is whether the execution of the decree, which was for redemption of a mortgage, is barred by limitation or not. The decree of the first court was passed on the 8th July 1949, and a petition for its execution was made on the 16th August, 1950. Pending the appeal which was preferred against the decree, the proceedings in execution were stayed by the appellate court by order dated the 13th September, 1950. That appeal was eventually dismissed with costs on the 7th March, 1952. Plaintiffs 2 to 4 who are the additional decree-holders and are respondents 1 to 3 in this Second Appeal, applied to the execution court on the 20th September 1956, for proceeding with the execution of the decree, on the basis of the execution petition of 1950. The appellant objected, contending that the execution of the decree was barred by limitation, for the reason, that the appellate decree was not executed within three years of the date thereof and that the execution petition of 1950 was no longer alive after the passing of that decree. The execution court accepted the contention, and dismissed the exe




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