S.N. PRASANNA KUMAR Vs. Z.S. HAJARABEE AND ANOTHER
LAWS(APH)-1969-3-18
HIGH COURT OF ANDHRA PRADESH
Decided on March 26,1969

S.N. Prasanna Kumar Appellant
VERSUS
Z.S. Hajarabee And Another Respondents


Referred Judgements :-

KANDULA NARASIMHA RAO V. VEERINI SURAYYU [REFERRED TO]
CHOKKALINGA V. VELAYUDHA [REFERRED TO]
NENGAPPA NOELAPPA V. ADIVEPPA SHIVAPPA [REFERRED TO]
NEWAZISH ALI KHAN VS. RAJA BHANU PRATAP SINGH [REFERRED TO]
RAJJAH VS. STATE [REFERRED TO]
ANKINEEDU PRASAD BAHADUR GARU VS. MANDAVA JAGGAYYA [REFERRED TO]
PRAYAGDAS SHANKERLAL MAHEAND VS. MT. INDIRABAI W/O. VINAYAKRAO HARKARE [REFERRED TO]


JUDGEMENT

GOPAL RAO EKBOTE,J. - (1.)The Civil Miscellaneous Appeal arises out of E.P. No. 2 of 1964 in O.S. No. 52 of 1931-32 which was dismissed by the Additional District Judge, Anantapur holding that it is barred by limitation under Section 48, C.P.C.
(2.)The necessary fact are: The decree holder obtained a money decree against the judgement-debtors on 11-11-1946. There was a preliminary decree passed on 11-1-1935, This decree was obtained from the District Court, Bangalore in the State of Mysore. Execution of the Decree was taken against the judgement-debtors in E.P. No. 110/1949-50, E.P. 100/52-53, E.P. No. 47/1956 and E.P. 1/56 in the District Court, Bangalore. During the pendency of E.P. No. 1 of 1956, it seems a new Court of a Civil Judge was constituted at Temkur. This execution Petition was as a result transferred to the Civil Judge, Tumkur and again to the District Court Anantapur on 6-11-1957. A copy of the certificate of that date is filed before us. Covering letter Fo. No. 608 dated 7-11-1957 was in the following terms:
"?I forward herewith Decree Transfer proceedings in E.P. No. 53 of 1957 for further execution. "?

(3.)Along with these papers, a certificate in regard to the non-payment of the decretal amount also was sent. It is stated by the learned Advocate for the decree-holder that although thus E.C. 53 of 1957 was transferred for further extension to the District Court, Anantapur, which is in Andhra Pradesh State, the decree-holder did take any steps nor did he file any execution petition in the Anantapur Court. What happened to those proceedings is known.
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