MALAGARASAMMA Vs. GURUSIDDAMMA

JUDGEMENT

(1.) This is a revision against the order dated 4.2.81 passed by the Munsiff, Malavalli, in Ex. Case No. 104/79, holding that the execution petition was maintainable.

(2.) The decree-holder obtained a decree against the judgment-debtor in Mandya Munsiff Court. Thereafter, a new Munsiff Court was established at Malavalli. So he filed an application in the Court of the Munsiff, Mandya for transfering the decree to Malavalli Court. The Munsiff Court, Mandya passed an order on 27.11.79, ordering the transfer of decree to the Munsiff Court, Malavalli. The execution petition was actually filed on 14.12.79 in the Munsiff Court at Malavalli. The decree sought to be executed was passed on 29th November, 1967. Learned counsel for the revision petitioner submitted that the 12 years mentioned in Article 136 should start from the date on which the decree was passed i.e. 29.11.67 and so as on 14.12.79, the date on which the execution petition was filed, the petition was barred by limitation. According to learned counsel Visweswaraya the transfer proceedings are judicial proceedings and the limitation should be taken as starting from the date of order of transfer of the decree, which is a judicial order. Sri. M.S. Purushotama Rao relied on NARASIMHA RAO v. SURAYYA, AIR 1957 A.P. 544. It is stated in para 16 of the said case as:

(3.) Hence, there is no merit in the revision and it is dismissed.