P. VENKATARAMANA REDDY Vs. C. SUBBRAMI REDDY

JUDGEMENT

(1.) The only question that arises for consideration in this appeal relates to the bar of limitation regarding the execution of a maintenance decree.

(2.) The plaintiff in O.S. No. 150/50 on the file of the Additional Subordinate Judge, Nellore obtained a decree towards her maintenance against defendants 4 and 5 who are her father and brother while the suit against defendants 1 to 3 was dismissed.

(3.) Both the plaintiffs and defendants 4 and 5 thereupon appealed and in the appellate court a decree was passed against the defendants 1 to 3 and it further directed that towards the amount decreed against defendants 1 to 3, defendants 4 and 5 should pay the plaintiff a sum of Rs.2135.008-0. This decree was passed on 7/1/1956. Defendants 2 and 3 alone filed an appeal in the High Court making the plaintiff and defendants 2, 4 and 5 also parties to the said appeal. This appeal, even without notice to defendants 4 and 5 was later withdrawn and dismissed on 13/2/1958. Thereafter on 12/9/1960 the plaintiff took out execution proceedings requesting the court to recognise the transfer of the decree made by her in favour of the 3rd defendant and to transmit the decree for execution to Kavali Sub-Court. The 4th judgment-debtor in his counter contended that the transfer is not bonafide and that the execution is also barred by time. Both the courts below found against the contentions of the 4th judgment-debtor and while recognising the transfer directed transmission of the decree to sub-court Kavali for execution. Hence this appeal.