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1952 Supreme(Nagpur) 23

CHOUDHURI
MANSARAM – Appellant
Versus
KAMARALI – Respondent


Advocates Appeared:
A P Sen, N L Abhyankar, S C Dube, Advocates

JUDGMENT

Choudhuri, J—This is a Second Appeal filed by the decree-holders against the appellate order dated 6-8-1946 of the Additional District Judge, Narsimhapur, in execution case arising out of Civil Suit No. 256 of 1927.

2. Dhannalal and his son Mansaram obtained a decree for Rs. 702-14-9 against one Rahamatali on 30-4-1929 in Civil Suit No. 256 of. 1927. The first execution application was filed on 7-7-1933 against Kamarali, Ahmedali and Ramzanali sons of Rahamatali, and Mst. Sultanbi, his widow, as Rahamatali died after the decree was passed. The sons and widow were brought on record as his legal representatives. Tho execution application TO dismissed on 10-3-1934 aa the decree-holders did not wish to. proceed any further then.

3. The decree-holders again started execution proceedings against the judgment-debtors, a second time. The date of filing this execution application is in dispute. According to the judgment-debtors, it was filed on 16-3-1937 i.e. more than three years after the dismissal of the first execution application. According to the decree-holders, the second execution application was filed on 10-3-1937. This application was dismissed on 3-7-1937, as process for at

































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