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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
THE MANAGER, CATHOLIC SYRIAN BANK NEYYATTINKARA BRANCH, NEYYATTINKARA. – Appellant
Versus
GEORGE AGED 50 YEARS, S/O. THOMAS, RESIDING AT KIZHAKKEKARA VEEDU, VALIYAPARAMB, MARAYAMUTTOM DESOM, MARAYAMUTTOM VILLAGE, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM-695 131. – Respondent
| Table of Content |
|---|
| 1. basis for the appeal regarding execution of a decree. (Para 1 , 2) |
| 2. arguments presented by both sides concerning the application of limitation. (Para 3 , 5 , 6) |
| 3. court's treatment of limitation periods and execution validity. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final determination on the appeal and substantive legal findings. (Para 13) |
J U D G M E N T
This appeal arises out of the judgment dated
20.01.2012 in A.S No.29/2011 on the files of Sub Court, Neyyattinkara, which reversed the dismissal of the claim petition by the Additional Munsiff Court-II, Neyyattinkara, on 05.10.2010.
2. The appellant is a decree holder in a suit for recovery of money filed as O.S No.664/1996, which was decreed on 20.03.1997 and an Execution Petition lodged on 03.07.1997 as E.P No.202/1997. Since the sole judgment debtor died, the legal representatives were impleaded on 24.10.1997. Consequently, on certain technical reason, the Execution Petition was dismissed. On 12.02.2009, a fresh Execution Petition was filed as E.P No.73/2009 and E.A No.163/2009 was filed for attachment of the property of the judgment debtor and the attachment was ordered on 13.03.2009. On 24.07.2009, the said proper
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