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1924 Supreme(Mad) 844

ODGERS
Mangamma Nayakuralu – Appellant
Versus
B. M. Ramdasappa Nayanimavary – Respondent


JUDGMENT

Odgers, J.

1. This is an appeal giving rise to a somewhat important point of limitation, and the dates are important. The appellant is the judgment-debtor, the wife of a certain Zamindar, against whom a suit was filed which resulted in a decree on the 10th April, 1911, subsequently confirmed on appeal to lower Appellate Court on 28th March, 1912. The decree-holder applied on 15th August, 1912, for execution and attempted to attach the Zamindari properties. Thereupon the defendant raised funds and satisfied the decree on 14th July, 1913, and the execution petition was dismissed. An appeal from the decree of the lower Appellate Court, dated 28th March, 1912, was preferred to the High Court which, by its decree, dated 23rd April, 1914, introduced a modification which has given rise to the question at issue as in the second appeal the High Court modified the decree by adding the words "excluding the Zamindari." After the High Court decree the 1st defendant filed I.A. No. 19 of 1916 for refund of the amount paid in 1913 in satisfaction of the decree on the ground that it was realized by the decree-holders by proceeding against Zamindari properties which were not liable under the










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