Ramachandra Iyer, C.J.-

L.P.A. No. 56 of 1960: The only question that arises for consideration in these appeals is whether the execution petition out of which the first appeals arise is barred by limitation. The appellant obtained a mortgage decree on 4th November, 1947. Under the decree, one-half share in item 3 to the plaint-schedule which belonged to defendant 5 was secured for the sum of Rs. 500 payable thereunder. Similarly, the other half share which the second defendant had in the same item was secured for payment of Rs. 400 due from him. Defendant 5, who claimed that he was the owner of the western half of the property, paid off his liability and full satisfaction was entered. On 28th September 1949, the appellant filed E.P. Nq. 704 of 1949 against the second defendant for sale of one-half share of item 3. The execution petition did not specify whether the property to be sold was the western half or the eastern half. The application, being found to be in order, was duly registered, and, in due course, sale papers were directed to be filed. It was at that time that the appellant, presumably under a mistake, mentioned in the sale papers that the property to be sold was the we

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