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1955 Supreme(Ker) 27

SANKARAN, JOSEPH VITHAYATHIL
Poulo Varghese – Appellant
Versus
Kochuvariathu Joseph – Respondent


Judgment :-

1. Additional plaintiffs 2 and 3 are the appellants. The second appeal relates to an order in execution. The decree, which is one for money, was passed on 19.5.1111. The first execution petition was filed on 3.2.1112. It contained prayers for the issue of warrant against the judgment-debtors and for attachment of their properties. But no schedule of properties was filed. It was dismissed on 22.5.1112. The second execution petition was filed on 19.5.1115. It also contained a prayer for attachment of properties, but no schedule was filed. That execution petition was dismissed on 17.8.1115. The third execution petition was filed on 2.8.1119. It contained a prayer for the issue of warrant and also a prayer for allowing other reliefs that might be asked for subsequently. There was no specific prayer for attachment of properties. That execution petition was dismissed on 24.2.1120. The next execution petition was filed on 27.4.1123. It also did not contain a prayer for attachment of properties. The 7th defendant contended that the execution petition was barred by limitation, having been filed more than three years after the disposal of the prior execution petition. The executi


























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