1. This appeal by the attaching decree - holder is preferred against the judgment of the District Judge, Anantapur in A. S. No. 139/61 holding that E. P. No. 77/60 on the file of the Court of the subordinate Judge, Anantapur was not filed within three - years after the previous execution petition and is therefore, barred by limitation.

2. It is necessary to narrate briefly the facts of the case. The O. S. 46 of 1947-48, filed by the Shimoga Oil Mills in the Court of the subordinate Judge, Shimoga, against Sri Radhakrishna Oil Mills, Kadiri, the respondent herein, for the recovery of about Rs. 3,257 was dismissed on June 30, 1949, but decreed by the High Court of Mysore in R. A. No. 81/1949-50 on October 30, 1951. As the judgment - debtors are residents of and having properties only at Kadiri, situate within the jurisdiction of the Court of the subordinate Judge, Anantapur, the Shimoga Oil Mills, the decree - holder, obtained a transfer of the decree to the sub-court, Anantapur for execution. The E. P. 37/56 filed by the decree - holder, the Shimoga Oil Mills, was dismissed by the sub-court, Anantapur on October 25, 1956 holding that "the decree - holder absent."
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