KAIRRUNISA BEGUM Vs. PINGAL VENKATARAMA REDDY

JUDGEMENT

(1.) This appeal is against the judgment of our learned brother Ansari J., who granted leave under Clause 15 of the Letters Patent. The learned Judge dismissed a Second appeal filed by the appellant against the decree of the Chief Judge, City Civil Court in A. S. No. 53/5 of 1953-54 preferred against the decree of the Court of the 3rd Judge in O. S. No. 435/3 of 1952-53.

(2.) The facts of this case are quite Simple and are undisputed. The respondent obtained a preliminary decree for sale of the properties hypothecated to him by the appellant. Ultimately, this was confirmed by the erstwhile High Court of Hyderabad on 19-10-1944. The appellant took it in appeal to the Hyderabad Judicial Committee. Pending the appeal the Constitution was inaugurated and, consequently, this appeal was transferred to the Supreme Court. On the 7th of December, 1950, the appeal was dismissed for non-prosecution in that neither the appellant nor his counsel was present at the time of the hearing of the appeal.

(3.) The decree-holder applied earlier to the Court of first instance to pass a final decree in terms of the preliminary decree and the final decree was prepared on 22-10-1947. But the decree could not be drawn up till the 28-10-1952 as the records were dispatched to the Judicial Committee and were not received back by the trial court till that date. The execution petition giving rise to this appeal was filed on the 18/02/1953. This was resisted on the ground that it was bailed by limitation in that it was not filed within three years of the passing of the final order, namely, 22-10-1947. This objection was overruled by the courts below as also by our learned brother Ansari J., with the result that the respondent was permit-led to proceed with the execution. This appeal is against the final judgment of Ansari J.