High CourtsDivision Bench(1916) 01 MAD CK 0044

Ravur Munisami Naidu and Others vs Pandala Muthial Naidu and Others

Madras High Court · Decided on 24 January 1916 · Citation: 33 Ind. Cas. 79

HON’BLE JUDGES
Sadasiva Aiyar, J · Moore, J

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Judgment

2 paragraphs · 88 words
1.

Following Abdul Kadir Rowther v. Krishna Malamal Nair 23 Ind. Cas. 533 : (1914) M.W.N. 563 : 26 M.L.J. 433, we hold that the application for adjournment dated 25th October 1910 (which application was evidently for obtaining encumbrance certificate and filing draft proclamation) was a step-in-aid of execution and the present petition of 9th October 1913 is, therefore, not barred.

2.

We set aside the order of the District Judge and direct him to dispose of the execution petition according to law. Costs will abide the result.