VASAMMA Vs. S K JAYADEVTAH

JUDGEMENT

(1.) This Second Appeal has been referred to a Division Bench by Venkataramiah, J.

(2.) Briefly stated, the facts leading to the appeal are these : Appellants are the decree-holders. They obtained a decree in O.S. No.44 of 1957 on the file of the Court of the Munsiff, Davanagere. It was on 2-11-1957. The decree was transferred to the Court of the Munsiff, Tumkur for execution. On 17-8-1962 parties having entered into an agreement regarding the execution of the decree, reported the matter to the Court and the Court passed the following order :

(3.) To appreciate the contention, it is necessary to set out Art.136 of the Limitation Act, 1963. Art.136 provides: