APPAVU NADAR Vs. DANIEL NADAR

JUDGEMENT

(1.) This is a second appeal by the decree holder. Reversing the decision of the court of first instance, the lower appellate court held that execution was barred by limitation.

(2.) The decree of which execution is sought is a registered one dated 24.12.1107. The decree holder relies on the alleged ministerial disposal of E.P. 1160 of 1108 dated 7.7.1108. The first court held that this execution petition was not judicially disposed of and that the same should be deemed to be pending. The learned Judge on appeal held that the said execution petition was not one in accordance with law and that the order passed on 16.12.1108 was a judicial disposal of the petition. Thus the two points arising for decision are: (1) Whether the execution petition dated 7.7.1108 was one in accordance with law, and (2) whether it was judicially disposed of on 16.12.1108.

(3.) In the result the decision of the lower appellate court is reversed and the decision of the learned Munsiff is restored. The second appeal is thus allowed. The respondent did not appear at the time of hearing. There will be no order as to costs.