Karnataka Court August 1963 Judgments

Vardichand Ladaji Vs. Achalaji Babutmal and Co. and ors.

Court: Karnataka

Reported in: AIR1964Kant130; AIR1964Mys130; (1963)2MysLJ338

Hombe Gowda, J.1. This appeal is directed against the 'order dated 7th November 1957 passed by the Civil Judge Senior Division, Bijapur in Special Darkhast No. 70 of 1954 overruling the contention of the appellant that the execution application was barred by limitation and was liable to be dismissed and directing the attachment of die moveables of the present appellant under Order XXI Rule 43 of the Code of Civil Procedure.2. The first respondent obtained a decree against the present appellant and another for a sum of Rs. 20,235/- in Civil Suit No. 1 of 1940-41 on the file of the Civil Judge, Mudhol. The decretal order is in the following terms:'On the 1st day of Kartik Shuddha of Shaka 1862 the amount Rs. 20,235/- is found due. The defendants should pay the amount of interest at ' the rate of Rs. 6/- per cent per annum thereon to the plaintiff from this day.`The defendants should pay the said amount by instalments each instalment being of Rs. 2,000/1-every year.The first instalment sh...