Mumbai Court December 1955 Judgments

Fakiraya Viraya Mathapati and ors. Vs. Achappanaik Bhimappanaik Desai ...

Court: Mumbai

Reported in: AIR1956Bom600

Bavdekar, J.1. The two appellants and their uncle one Gangayya had obtained a mortgage decree against respondents 1 to 8. The amount of the decree was payable by instalments and the first Instalment was payable on 15-4-1945, The application for execution of this decree was made on 11-1-1949 and thereupon the decree-holders were met with a contention that execution in respect of the 'first instalment was barred.The only contention which it is necessary to state for the purpose of the present appeal is that there was an adjustment of the decree on 24-8-1944 at the intervention of panchas. Gangayya and plaintiff 2 were present, plaintiff 3 then a minor, and Gangayya agreed that in full satisfaction of his decree he would take from Irsangappa who is respondent 11 and one Sangappa sums of Rs. 4500 and Rs. 500 respectively.Irsangappa and Sangappa agreed to this because respondent 1 sold two pieces of land to Irsangappa for a sum of Rs. 6500 and one piece of land to Sangappa for a sum of Rs. ...