PALANCHERI GOVINDA MENON Vs. POOKOTE KUNHI KRISHNA MANNADIAR

JUDGEMENT

(1.) This Second Appeal arises out of orders passed in execution of the decree in a suit for redemption of a mortgage of a number of items of property in Malabar. The decree of the original Court was passed on 24-2-1913, and there was a final decree of that Court on 22-4- 1913. Meanwhile an appeal was brought against the preliminary decree, and that appeal was decided on 27-12-13. The present application is one made by the mortgagor to sell items 1 to 120. There was a previous application to sell items 1 to 10 upon which an order for sale was passed on 23-7-1915. The present application was made on 20-1-1919.

(2.) Two questions arise for our decision. The first is whether the present application is barred by limitation as more than 3 years have elapsed from the date of the appellate Court's decree.

(3.) The second question is whether this application for sale is valid when no final decree has been passed, since the appellate Court's decree varied the first Court's preliminary decree by enhancing the amount to be paid to the mortgagee.