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1933 Supreme(Mad) 190

PANDALAI
Palli Vittala Hedge – Appellant
Versus
Paniyur Hosamane Sheenappa Shetty – Respondent


JUDGMENT

Pandalai, J.

1. The lower Court has dismissed an execution petition by the appellant filed in the Karkal Munsifs Court on 3rd July 1929, to execute his decree made in O.S. No. 875 of 1919 by the Udipi Munsifs Court on the ground of want of jurisdiction and limitation. The learned District Judge was so struck by the irregularities of the execution department in the Subordinate Courts in his district and the careless manner in which that department was being worked by the officers of the Courts as well as by litigants and their advisers that he has passed very strong strictures on what ho quite rightly terms the apathy and indifference associated with the execution of civil Court decrees. The justification of these remarks in this execution consists in fifteen applications in execution during a period of five or six years in all of which it seems the particulars required by Order 21, Rule 11, Civil P.C., were wrongly entered. The fact of there having been an appeal was ignored with the consequence that the modification effected by that decree was also ignored. In fact the appellate decree deducted about Rs. 30 from the amount awarded by the original decree and reduced it from




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