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2007 Supreme(Ker) 334

K.T.SANKARAN
Sheela – Appellant
Versus
Muraleedharan – Respondent


Advocates:
Santheep Ankarath, for Petitioners; Sajan Varghese K. and Liju M. P., for Respondent.

ORDER:-

The question arising for consideration in this revision is whether minors in whose favour decree for maintenance was passed would be entitled to execute the decree within twelve years of the respective period for which maintenance is due or whether they should file the execution petition before the expiry of three years of their attaining majority as provided in Section 8 of the Limitation Act.

2. The petitioners herein are the decree holders. The suit was filed for maintenance. Decree was passed on 31-8-1989. It was a compromise decree. Rs. 75/- per month was allowed to both the petitioners as maintenance. The first petitioner, Sheela, attained majority on 22-12-1996. The second petitioner, Rajesh, attained majority on 18-61998. The execution petition was filed on 20-11-2002 for realisation of maintenance from 20-1-1988 to November 2002. Before the executing Court the respondent/judgment debtor contended that the execution petition is barred by limitation. It was also contended by him that Sheela was married and, therefore, she is not entitled for maintenance. The date of marriage is not mentioned by either party. The Court below accepted the contention raised by the judgmen






































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