KRISHNA CHANDRA SAHANI Vs. ANEM PEDA SIVA PARAVATAMMA

JUDGEMENT

(1.) THIS appeal of the judgment -debtor No. 6, arising put of an execution proceeding, is against the judgment of Sri R. C. Misra, Subordinate Judge of Berhampur, rejecting his petition under Section 47, Civil Procedure Code, taking up an objection of limitation. The decree, under execution, is a mortgage decree, the preliminary decree being dated 7 -1 -32 and the final decree being dated 2 -11 -32. The present execution petition was filed on 11 -9 -45, clearly beyond 12 years from the date of the final decree.

(2.) THE original decree -holder was one Anem Tatayya. He had two sons, Anem Basanna and Anem Narasimhulu. Anem Narasimhulu is alive and has transferred his share in the decree to the 6th judgment -debtor, Krisna Chandra Sahani. Anem Basanna having died, his widow, Anem Peda Siva Paravatamma, has filed the present execution petition. Judgment -debtors 1 to 5 have no more interest inasmuch as they have sold their interest in the mortgage property and the sale proceeds have been paid towards the decree. The judgment -debtors 6 and 7 were subsequent purchasers in respect of some of the mortgage properties. The 7th judgment -debtor is dead and his two sons are judgment -debtors 8 and 9. Judgment -debtor No. 6 is the present appellant.

(3.) THE main point, urged before us, is that the execution is barred by 12 years' limitation as provided for under Section 48, Civil Procedure Code, which runs as follows :