KATUKKATHODIYIL BHASKARAN Vs. KALIYAKKIL SREEDHARAN NAIR

JUDGEMENT

(1.) 'Ext. P4 order under which an application for condonation of delay filed by the judgment-debtor was dismissed by the execution court is under challenge.

(2.) As rightly submitted by Mr. B. Krishna Mani, counsel for the respondent-decree-holder that E.A. No. 384/03 could not have even been entertained by the learned Munsiff since there is no power for the execution court to condone the delay.

(3.) A careful look at Section 5 of the Limitation Act itself will show that execution applications are excluded from the ambit of that Section. The position is no longer res integra in view of the judgment of the Supreme Court in Damodaran Pillai v. South Indian Bank Ltd., 2005 4 KerLT 192. The challenge against Ext.P4 will fall and the Writ Petition is dismissed. No costs.