High CourtsDivision Bench(1950) 02 KL CK 0005

Krishna Kammathy and Ramchandra Kammathy vs Kunjan Pillai Gopala Pillay and Another

High Court Of Kerala · Decided on 14 February 1950 · Citation: AIR 1950 Ker 184

HON’BLE JUDGES
Kunhiraman, C.J · K.T. Koshi, J
RESULT
Dismissed
CASE NUMBER
A. S. No. 594 and C. M. P. No. 3173 of 1123

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Judgment

3 paragraphs · 179 words
1.

The question arising in this appeal is one of limitation with regard to an application for execution of a decree. On 13-3-1119 an execution petition was filed by the Plaintiff, decree holder Appellant. In that petition, a list of properties was given and the prayer was for attachment and other appropriate reliefs. Subsequently, on 6-6-1123, another application was filed containing a fresh list of properties against which the decree holder wanted the decree to be executed. The question was whether this later application was filed in continuation of the earlier application or whether it was a fresh application for execution. If it was a fresh application, then it was barred by limitation. The Court below has found that it was a fresh application. In the circumstances of this case, we ate not prepared to say that this is an erroneous view. The application was therefore rightly dismissed by the lower Court.

2.

This appeal fails and must be dismissed with costs.

The application for stay made in C. M. P. No. 3173 of 1123 must also be dismissed.