Venkataramana Rao, J.

1. The main question argued in this appeal is whether an application to execute the final decree in a suit on a mortgage is barred by limitation. The relevant dates necessary for its disposal are as follows:

Preliminary decree .. 21st July, 1925. Final decree. .. 9th November, 1925. Decree of the appellate Court confirming the preliminary decree .. 16th March, 1927. Application for execution .. 15th March, 1930.

2. The learned District Munsif held following the decision in Somar Singh v. Deonandan Prasad Singh I.L.R.(1927) 6 Pat. 780 that the application was not barred by limitation. But the learned Subordinate Judge following the decision of Madhavan Nair, J., in Ahammad Kutty v. Kottekkat Kuttu (1932) 64 M.L.J. 251 : I.L.R. 56 Mad. 458 held that it was barred. The Article of the Limitation Act applicable to the case is Article 182(2):

For the execution of the Three years. (where there has been an decree of a Civil Court appeal) the date of the final decree or order of the appellate Court.

3. The view of Madhavan Nair, J., is that the appeal in column 3 must be from the decree or order sought to be executed, that the appeal from the preliminary decree coul