PRAYAGDAS SHANKERLAL MAHEAND Vs. MT. INDIRABAI W/O. VINAYAKRAO HARKARE

JUDGEMENT

(1.) THE question here is whether the respondent's application for execution dated 9-1-1948 is in time. This depends upon the validity of the previous application dated 18-1-1984. The respondent's contention is that the application of 9.1-1943 is not a fresh application but is one seeking revival of the application of 18-1.1984,, which, according to the respondent, is still alive. It will be necessary to trace the history of these executions from the outset. The decree was passed on 23-12-1926 in favour of the respondent's father against Balkrishna and Sadashecu with whom we are no longer concerned.

(2.) THE first application made in the execution Court (the second Sub-Judge, Second Class, Wardha) was dated 1-2-1927. All it asked was that: Defendants are at Warud District Yeotmal...therefore certificate may be sent to the Court at Yeotmal for (illegible) immovable property.

(3.) ON the same day, 17-4-1980, and in the-same application, the decree-holders asked, as before, that the certificate be sent to, Yeotmal. This part of the application was dismissed for default on 26-9.1930.