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2011 Supreme(Ker) 1030

K.T.SANKARAN
Nella Chinna – Appellant
Versus
Gangadharan Pillai – Respondent


Advocates Appeared:
For the Petitioners:T.K. Kurikesu & Thomas Kurikesu, Advocate.
For the Respondents:K. Subash Chandra Bose, Advocate.

ORDER :

K.T.SANKARAN, J.

1. The petitioners are the decree holders in O.S.No.148 of 1979, on the file of the Munsiff's Court, Kottarakkara. The Execution Petition filed by them as E.P.No.91 of 2000 was dismissed on the ground of limitation, which is under challenge in this Revision.

2. The decree was passed on 20.12.1986. The defendants filed appeal. The appeal was dismissed for default on 6.3.1996. The decree holders filed an Execution Petition on 31.3.1999, which was dismissed for default on 26.5.2000. Later, the present Execution Petition, namely, E.P.No.91 of 2000 was filed on 21.8.2000. The Execution Petition was dismissed by the order dated 21.10.2002 on the ground that it is barred by limitation. On 18.11.2002, the decree holders filed a Review Petition as E.A.No.217 of 2002. That Review Petition was dismissed on 4.11.2003. Meanwhile, the order dated 21.10.2002 was challenged in Revision on 30.5.2003.

3. Sri.T.K.Kurikesu, learned counsel appearing for the decree holders submitted that the period of limitation for the Execution Petition is to be computed from 6.3.1996, the date on which the appeal was dismissed for default. He submitted that under Article 136 of the Limitation Ac
























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