High CourtsDivision Bench(1901) 07 MAD CK 0007

Appu Rao vs Ramakr1shna Chettiar

Madras High Court · Decided on 26 July 1901 · Citation: (1901) ILR (Mad) 672

HON’BLE JUDGES
Moore, J · Davies, J

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 122 words
1.

The original decree directed the execution of a muchalka by defendant, but gave plaintiff no costs. The Appellate Court decreed plaintiff''s costs

as wall. That decree for costs was fully executed in 1883. All that was left for execution of the decree was the execution of the muchalka by the

appellant. The last application for that was made on the 21st December 1894 and this application, made on the 4th September 1899, nearly five

years afterwards, was clearly barred. The applications made in 1895 and 1897 were for incidental costs in execution and were not applications for

execution of the decree, or any part of it. The appeal is allowed and the petition for execution is dismissed with appellant''s costs throughout.