Horwill, J.

1. An application, E.A. No. 145 of 1938, was filed by the respondent, the auction purchaser, on 2nd February, 1938, for the delivery of the present petitioner s property which had been sold to him in execution of a decree against the present "petitioner. Delivery was ordered; but on obstruction by the petitioner the application for delivery was struck off. The respondent took seme steps in 1940 but they came to nothing; and on 11th February, 1941, he filed the petition with which we are directly concerned, E.A. No. 143 of 1941, another application for delivery, praying at the same time for removal of the obstruction that had been offered by the judgment-debtor. Prima facie this application was badly out of time. An application for removal of obstruction has to be filed, according to Article 167 of the Limitation Act, within thirty days from the date of obstruction; and an application for delivery has to be made within three years of the final order confirming the sale. The learned District Munsiff therefore dismissed the application as being barred by time. The learned Subordinate Judge relying on two decisions of this Court, Subramania v. Angappa Asari AIR1930Ma