K. MUTHURAJ Vs. K.R. SRINIVASA IYENGAR

JUDGEMENT

(1.) This second appeal is by the holder of decree in HRC. 4/78 against rejection of his execution petition in Exn. P. 162/90 declining to execute the decree and the judgment of the first appellate court in Misc. 33/07 dated 9.9.2010 rejecting the appeal as barred by time.

(2.) Heard Sri K.G. Sadashivaiah, learned counsel for the petitioner and learned designated senior counsel, Sri S.P. Shankar for the respondents and perused records in supplementation thereto from which the following contextual facts emerge and need reference:

(3.) Mr. K.G. Sadashiviah has raised several legal and factual issues to sustain the second appeal action, which is ably countered by learned designated senior counsel Mr. S.P. Shankar to negate this second appeal action. I had the benefit of hearing the persuasive arguments of learned counsel on both sides and in appreciation on each ground urged by them in the right perspective, I have extracted in the foregoing paragraphs the factual matrix which is not in dispute.