KRISHNAN GOPALAN Vs. GOPALAN GANGADHARAN

JUDGEMENT

(1.) The contention of Mr. Narayana Pillai, learned counsel for the first defendant, that there has been a judicial disposal of the prior execution petition on 3-10-1119 cannot be accepted because the records clearly show that originally the execution petition was posted to 7-8-1119 for taking further steps. Admittedly there was no sitting of the Judge on that day and as a sort of routine arrangement of the work by the office, it was posted to 3-10-1119 for further steps. The execution diary does not show that the learned Judge has directed this matter to be posted to 3-10-119. 1 cannot see from the execution diary how exactly it stood posted to 3-10-119 and under whose orders. In this view the contention of Mr. Narayana Pillai that the later execution petition is barred by limitation cannot be accepted.

(2.) The second appeal fails and is dismissed with costs.