RAMJI DAS Vs. S MOHAMMAD LAIQ

JUDGEMENT

(1.) These two appeals have been filed on behalf of the decree-holders against the order of the learned Single Judge by which he allowed two execution appsals pending in this Court.

(2.) In the year 1929, one Mir Muzaffar Husain had borrowed some money on the basis of a promissory note. A suit for the recovery of the money was filed and a decree obtained on 17-11-1931 for a sum of Rs. 765/4/- plus costs and interest. On 21-1-1932 Mir Muzaffar Husain died leaving 12 persens as heirs and legal representatives. In August 1932, the decree-holders filed an application for execution and for bringing the names of the legal representatives of the deceased judgment-debtor on the record. This application was granted but ultimately the execution application was not proceeded with and it was consigned to the record room. This order is dated 22-12-1932. On 13-7-1935 a second application for execution was filed but as the judgment-debtors were agriculturists, this application also could not be procesded with and was consigned to the record room. A third application filed on 13-7-1938 met with the same fate on the same ground and the papers were consigned to the record room on 11-2-1939. On 8-5-1941 a fourth application for execution was filed and this time a prayer was made for the attachment and sale of a house No. 86. There was, however, a litigation pending in respect of this house and the execution proceedings remained stayed till the decision of that suit. The suit was decided in 1943, and on 12-7-1943 the decree-holders filed an application for amendment of the execution application by excluding a portion of the property.

(3.) Objections were filed on behalf of the legal representatives to the application for execution dated 8-5-1941, and the application for amendment dated 12-7-1943, and the two objections were disposed of by separate orders of the trial Court and by the lower appellate Court. It is against those orders that execution of decree appeals were filed in this Court which were allowed by the learned single Judge.