High CourtsDivision Bench(1915) 03 MAD CK 0017

Raje Bommaraju Venkata Perumal Raju Bahadur Varu by Guardian W.A. Varadachariar vs Subramanya Nayani Varu and Others

Madras High Court · Decided on 19 March 1915 · Citation: AIR 1916 Mad 728(1) : 31 Ind. Cas. 87

HON’BLE JUDGES
Seshagiri Aiyar, J · Kumaraswami Sastri, J

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Judgment

6 paragraphs · 138 words
1.

An order for attachment was made on the execution application in 1897. That application has not been disposed of in any way. The present one

was to sell the attached property. There can be no bar of limitation in such cases, as the decree -holder only asks that effect be given to the

application which is still pending before the Court. His present prayer should not be regarded as a new application. We are unable to hold that the

decree-holder has either abandoned his application or that he has disabled himself by laches from seeking to enforce his remedies under the

pending application. Following Subba Charia v. Muthuveeram Pillai 14 Ind. Cas. 264 and Venkatamma v. Manikam Nayani Varu 26 Ind. Cas.

244, we hold that the application is in time and dismiss this appeal with costs.