Karnataka Court May 1958 Judgments

S. Nanjundaiah Vs. Sreenivasa Setty

Court: Karnataka

Reported in: AIR1962Kant81; AIR1962Mys81

(1) It is urged on behalf of the appellant that the execution petition which has given rise to this appeal is barred by limitation. That contention does not appear to be correct.(2) The suit out of which the execution under appeal arises was decreed on 25.7.1949. The appeal against that decree was dismissed on 22.12.1950. As against the decree and judgment of the first appellate Court a second appeal was filed. In that appeal , an interim stay wits granted but when the appeal came up for admission, the same was dismissed summarily on 25.7.1954. We are now to consider whether that execution petition was filed within time. (3) Under Art, 182 of the Limitation Act, which is the relevant Article for our purpose, an execution has to be levied within three years from the date of the decree but if these has been an appeal , the execution has to be dispute that the expression 'appeal ' found in Art, 182 includes within its scope a second appeal in that his case was not admitted and therefore i...