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1963 Supreme(Ker) 15

P.GOVINDA NAIR
P. V. ITTY – Appellant
Versus
MANI MANI – Respondent


Judgment :-

1. These two appeals arise from orders passed in execution of the decrees passed in O. S. Nos. 175 of 116 and 216 of 117 of the Kottayam Munsiff's court. The appellant in S. A.. No. 606 of 1959 is the third defendant in O. S. No. 175 and the same person figuring as the second defendant in O. S. No. 216 is the appellant in S. A. No. 607 of 959. The question that arises for decision is whether the decrees in these two cases are incapable of execution due to the bar of limitation. The decree in O. S. No. 175 was passed on 15-12-1941 and the decree in O. S. No. 216 on 27 51942. The execution petitions filed in the two cases were on 9 81956. These petitions admittedly were filed twelve years after the dates of the respective decrees and the contention, therefore, was urged by the appellant that execution cannot be had in either of the cases. This contention was repelled both by the execution court and by the lower appellate court.

2. The ground on which this contention was negatived by the execution court was that the appellant was concluded by the orders passed in the two cases respectively on 10 31956 and 3011956 when prior execution petitions dated 15 91955 were taken out






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