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1974 Supreme(Ker) 166

G.BALAGANGADHARAN NAIR
Koran Thomas – Appellant
Versus
John Mathew – Respondent


Advocates:
C. S. Ananthakrishna Iyer, for Appellant, C. K. Sivasankara Panicker, D. Narayanan Poti and P. C. Parameswara Panicker, for Respondent.

JUDGMENT :-

The only question in this appeal by the judgment-debtor is whether the execution is barred by limitation.

2. The decree which is for money is dated 31-11-1974 (14-7-1932). There were a few execution petitions which were all within time. The last but one of such petitions was dated 16-10-1119 and this happened to be dismissed on account of a stay obtained by the appellant from D. R. P. 30 of 1119 which he had filed. The next execution petition was on 2-10-1120 and this was dismissed on 23-12-1950 owing to an order of stay obtained by the appellant from C. R. P. 1257 of 1121. This C. R. P. was ultimately disposed of on 26-3-1959. In the meanwhile, on 13-1-1959 the appellant filed an application for relief under Act 31 of 1958 (the Agriculturists Debt. Relief Act) and he also made deposits of which the last deposit was on 20-6-1963. (The application was ultimately dismissed by the High Courts.) On 12-6-1963 the appellant executed a sale deed Ext. P-1 in favour of a third party directing him to pay off this decree debt. The present execution petition to which objection was taken by the appellant on the ground of limitation was filed on 22-3-1966.

3. In order to establish that






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