CHHATERSINGH Vs. JALAMSINGH

JUDGEMENT

(1.) THIS appeal under Section 47 of the Civil Procedure Code is by the judgment-debtors and is directed against the order, dated 30-11-1963, passed by Shri P. B. Thakre, Additional District Judge, West Nimar, Mandleshwar, in Civil Appeal No. 36-A of 1963, affirming the order, dated, 8-10-1963, passed by Shri A. K. Khare, civil Judge Class II, Kasrawad, in Execution Case No. 2 of 1963.

(2.) A decree for possession of certain lands was passed in favour of the respondent on the condition that he deposited an amount of Rs. 1100. Upon such deposit, he would be entitled to claim back possession of the lands. That decree was passed on 4-7-1955.

(3.) THE respondent earlier filed execution case No. 201 of 1957. In that execution, he did not deposit the entire amount of Rs. 1100, but merely deposited Rs. 475 on 11-2-1958. As the entire amount was not deposited, the execution was dismissed on 14-4-60. Subsequently, the respondent filed the present execution on 12-41963, and in that he deposited the balance of Rs. 625 The present execution was opposed by the judgment-debtors mainly on two grounds, namely (i) that the decree was not executable as it was a preliminary decree, and (ii) that the execution was barred by time.