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Appu Rao Vs. Ramakr1shna Chettiar - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad672
AppellantAppu Rao
RespondentRamakr1shna Chettiar
Excerpt:
limitation act - act xv of 1877, schedule ii, article 179--step in aid of execution--decree directing execution of muchalka and costs--recovery of costs in execution--application to enforce execution of muchalka mars than three years previously--subsequent applications for costs incidental to execution proceedings--limitation. - - the last application for that was made on the 21st december 1894 and this application, made on the 4th september 1899, nearly five years afterwards, was clearly barred.1. the original decree directed the execution of a muchalka by defendant, but gave plaintiff no costs. the appellate court decreed plaintiff's costs as wall. that decree for costs was fully executed in 1883. all that was left for execution of the decree was the execution of the muchalka by the appellant. the last application for that was made on the 21st december 1894 and this application, made on the 4th september 1899, nearly five years afterwards, was clearly barred. the applications made in 1895 and 1897 were for incidental costs in execution and were not applications for execution of the decree, or any part of it. the appeal is allowed and the petition for execution is dismissed with appellant's costs throughout.
Judgment:

1. The original decree directed the execution of a muchalka by defendant, but gave plaintiff no costs. The Appellate Court decreed plaintiff's costs as wall. That decree for costs was fully executed in 1883. All that was left for execution of the decree was the execution of the muchalka by the appellant. The last application for that was made on the 21st December 1894 and this application, made on the 4th September 1899, nearly five years afterwards, was clearly barred. The applications made in 1895 and 1897 were for incidental costs in execution and were not applications for execution of the decree, or any part of it. The appeal is allowed and the petition for execution is dismissed with appellant's costs throughout.


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