VASUDEO ATMARAM JOSHI Vs. EKNATH BALKRISHNA THITE

JUDGEMENT

(1.) The question of law for determination in this appeal is, whether the suit brought by the father of the appellants, since deceased, to establish his right to attach and sell the property In dispute in execution of a money decree is, for the purposes of limitation, governed by Art. 142 or Art. 144 of Schedule I to the Limitation Act.

(2.) That question turns upon the following facts, which are not in dispute.

(3.) The father of the appellants, having obtained a decree for money against the third respondent, Ramchandra Namdeo, and his brother Dnaneshwar Namdeo, deceased, represented by his son Kondi, in Suit No. 234 of 1900, attached the lands in dispute in execution as belonging to his judgment-debtors.