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Sivaswamy Aiyar and ors. Vs. Sivalingam Pillay and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.474
AppellantSivaswamy Aiyar and ors.
RespondentSivalingam Pillay and ors.
Cases ReferredSenra Desai Venra Jagath Virarama v. Annasami Ayyar
Excerpt:
civil procedure code (act xiv of 1882), sections 230, 235(i) and (j), 245 - petition for execution of an order awarding mesne profits--petition for execution of two orders as against separate sets of defendants--order of court to furnish lists of defendants against whom execution was sought--limitation--computation of limitation period--date of application to execute--order on the petition. - .....observe that no objection was taken by the respondents to the petition on the ground on which the district judge has in paragraph 4 of his judgment held, it to be defective. as to the absence of a list of immovable property we have to observe that the list was put in on the 15th august 1906 which was within 12 years of the appellate order of the 17th october 1904, which, the district judge has overlooked. it is sought to support the district judge's order on the ground that no application for execution was granted till after toe expiry of 12 years. the subordinate judge overruled, the objection following senra desai venra jagath virarama v. annasami ayyar 6 m.k 359, which is exactly in point.2. we, therefore, reverse the order of the district judge and restore that of the subordinate.....
Judgment:

1. We agree with the Subordinate Judge that the petition was not defective, and we observe that no objection was taken by the respondents to the petition on the ground on which the District Judge has in paragraph 4 of his judgment held, it to be defective. As to the absence of a list of immovable property we have to observe that the list was put in on the 15th August 1906 which was within 12 years of the appellate order of the 17th October 1904, which, the District Judge has overlooked. It is sought to support the District Judge's order on the ground that no application for execution was granted till after toe expiry of 12 years. The Subordinate Judge overruled, the objection following Senra Desai Venra Jagath Virarama v. Annasami Ayyar 6 M.k 359, which is exactly in point.

2. We, therefore, reverse the order of the District Judge and restore that of the Subordinate Judge with, costs in this and the lowerappellate Court.


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