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1951 Supreme(Ker) 82

KOSHI, GOVINDA PILLAI
Mathai – Appellant
Versus
Zacharia – Respondent


Judgment :-

1. The 1st defendant is the appellant. The appeal relates to an order in execution. The question for consideration is whether the execution application dated 8.5.1124 is barred by limitation. Both the lower courts held that the execution application is not barred by limitation. The decree in this case was passed on 6.5.1104. The last execution application was filed on 8.5.1124. The decree holder's case is that the execution application filed on 17.4.1109 has not been judicially disposed of and that the execution application dated 8.5.1124 is one in continuation of that application. Therefore the only question to be decided is whether the execution application dated 17.4.1109 has been judicially disposed of or not. That application was posted on 9.7.1109 for the return of notice to the defendants. Notice was returned served on 7.7.1109. On 10.7.1109 the court ordered the decree holders to produce the attachment list and adjourned the case to 17.7.1109. The list was not filed within that time and the execution application was dismissed on 18.7.1109. The posting of the case to 17.7.1109 was made on a day to which the case was not posted. It cannot therefore be held that th


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