SANNA PALAIAH Vs. SONCHA BORAIAH

JUDGEMENT

(1.) IN this revision, the petitioner has attempted to reopen the settled law. This is a case where an application filed under O. 20, R. 18, CPC by the decree holder was objected to by the defendants, but was over ruled by the trial Court.

(2.) FACTS leading to this revision are as follows :respondents herein had filed a suit in O. S. 302 of 1970 on the file of the Munsiff, Chitradurga, for partition and separate possession of their share which was decreed after contest. But the plaintiffs had not taken any further steps thereafter. 24 years thereafter they have filed this application under Order 20, Rule 18, CPC requesting the trial Court to transmit the records to the Deputy Commissioner for effecting partition of suit properties by metes and bounds in terms of the decree. The defendants have resisted this application on the short ground that it is barred by limitation.

(3.) THE learned Munsiff on consideration of the contentions raised at the bar, overruled the objections raised by the defendants-respondents. Hence, this revision.