RAMCHANDRA VINAYAK BADAMIKAR Vs. PAYGONDA SARGONDA PATIL
HIGH COURT OF BOMBAY
RAMCHANDRA VINAYAK BADAMIKAR
PAYGONDA SARGONDA PATIL
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(1.) THE decree-holder has filed this appeal being aggrieved by the decision of the learned Assistant Judge, Sangli, who allowed the appeal of the judgment-debtor, reversed the decree of the Court of the first instance and held that the claim of the decree-holder was barred by limitation. He, therefore, dismissed the darkhast. A decree was passed in favour of the decree-holder, in Civil Suit No. 98 of 1955 of the Sangli Court on 16-4-1956. The decree was for a sum of Rs. 5250/ -. The darkhast with which we are concerned has been filed on 12-3-1964 by the heir of the original decree-holder as the manager of the family. he claimed under this darkhast Rs. 7075. 98 P. and future interest. He has also stated that he judgment-debtor inspite of his movable and immovable property has been avoiding payment and, therefore, he should be kept in civil jail. The Judgment-debtor has objected on various grounds the darkhast. The principal ground with which we are concerned in this appeal is that the darkhast is barred by limitation.
(2.) THE trial Court decided in favour of the decree-holder but the learned Assistant Judge took a different view and dismissed the darkhast. It is in these circumstances that the decree-holder has come here in appeal. The only point for determination here is whether the darkhast was in time or not.
(3.) IT would be better if I mention some facts as regards the darkhast. The decree-holder as stated earlier had obtained the decree on 16-4-1956. He also obtained the payment of a sum of Rs. 100/- on 10-3-1959 and Rs. 20/- on 24-4-1959. There was no writing as regards the payment of Rs. 100/- on 10-3-1959 but there was an endorsement on the decree as regards the total payment of Rs. 120/- on 24-4-1959. There was another payment of Rs. 40/- by the judgment-debtor on 10-3-1960 and there was an endorsement accordingly on the decree. Yet another payment of Rs. 50/- was made on the decree. It is after this payment and acknowledgment by the judgment-debtor of the payment that the darkhast No. 81 of 1964 was filed on 12-3-64 claiming Rs. 7075. 48 P. in all.;
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