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1981 Supreme(Mad) 407

V.BALASUBRAHMANYAN
Indian Bank – Appellant
Versus
B. D. Kothandapani – Respondent


ORDER

V. Balasubrahmanyan, J.

1. The question in the revision is whether the application for execution filed by the petitioner was or was not barred by limitation. The decree was a mortgage decree. The final decree was passed on 1st September, 1960. The petition for excuting the decree was filed by the petitioner on 16th December, 1973. It may, however, be observed that the decree-holder was restrained from executing the decree by an order of injunction passed on 7th September, 1965 in an interlocutory proceeding in another suit. That order of injunction was in force till 19th August 1969, when the injunction stood vacated with the dismissal of the relevant main suit itself.

2. Before the executing Court the decree-holder in the present case submitted that the period during which the injunction in the other suit was in force, namely from 7th September, 1965 to 19th August, 1969, must be excluded in computing the period of limitation of twelve years applicable to the execution petition. The executing Court, however, rejected this plea. The Court observed that the twelve-year time-limit, as computed from the date of the decree, showed that the 1st day for the execution of the decree was



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