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2015 Supreme(Mad) 108

K.KALYANASUNDARAM
K. G. Sathyamurthy – Appellant
Versus
State Bank of Travancore, Pollachi Branch – Respondent


Advocates Appeared:
For the Petitioner:M/s. V. Nicholas, Advocate.
For the Respondents:M/s. T. Venugopalan, Advocate.

JUDGMENT

K. KALYANASUNDARAM, J.


1. This revision arises out of the order passed by the executing court in EPR No. 262 of 2004 in O.S. No. 124 of 1982.

2. The first respondent Bank had instituted a suit in O.S. No. 124 of 1982 against the petitioner and the 2nd respondent for recovery of a sum of Rs. 90,941.50. However, after trial, the Sub Court, Udumalpet partly decreed the suit for Rs. 74,739.47 alongwith interest. Dissatisfied with the judgment and decree, the Bank preferred an appeal in A.S. No. 292 of 1985. This Court, allowed the appeal on 19.02.1998. Thereupon, the decree holder levied an execution petition to recover the decree amount. The petitioner filed his counter opposing the execution stating that the decree is barred by limitation. The suit was decreed on 29.06.1983 and the execution application filed on 06.08.1999 is barred under Article 136 of the Limitation Act. The executing court rejected the case of the judgment debtor and proceeded with execution. Challenging the order, the present revision petition is filed.

3. Mr. V. Nicholas, learned counsel for the petitioner submitted that the suit was partly decreed on 29.06.1983 and only for disallowed portion, the plainti











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