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1956 Supreme(Ker) 108

KOSHI, KUMARA PILLAI, M.S.MENON
Narayanan Damodaran Namboodiri – Appellant
Versus
Kuriathu Yohannan – Respondent


Judgment :-

1. The decree-holder in O.S. 70 of 1104, on the file of the Parur District Musiff's Court, had brought this second appeal against the concurrent decisions of the District Munsiff and the Additional District Judge of Parur that his prayer to proclaim and sell certain items of immovable properties belonging to the judgment-debtors, attached by the court pursuant to a supplementary list filed on 20.11.1951 (4.4.1127), in relation to a pending execution application, was hit by the twelve years' rule enacted by S.48, Civil Procedure Code and therefore inadmissible. The decree under execution is one passed on 24.5.1109. It is a registered decree and it gave two months' time to the judgment-debtors to satisfy the amounts decreed thereunder. After two abortive execution applications made in the case, one on 25.11.1115 and the other on 10.2.1117, the decree-holder filed a third one on 14.4.1121. The present second appeal has arisen out of proceedings claimed to be pursuant to the said third application. Under it the decree-holder sought execution personally against judgment-debtor No. 2 and such of the movable and immovable properties of judgment-debtors 1 and 2 as are mentioned































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