RAVUR MUNISAMI NAIDU Vs. PANDALA MUTHIAL NAIDU

JUDGEMENT

(1.) FOLLOWING Abdul Kadir Rowther v. Krishna Malamal Nair 23 Ind. Cas. 533 : 38 M. 695 : 1 L.W. 271 : (1914) M.W.N. 563 : 26 M.L.J. 433, we hold that the application for adjournment dated 25th October 1910 (which application was evidently for obtaining encumbrance certificate and filing draft proclamation) was a step-in-aid of execution and the present petition of 9th October 1913 is, therefore, not barred.

(2.) WE set aside the order of the District Judge and direct him to dispose of the execution petition according to law. Costs will abide the result.