Partly allowed
Hameed Rawther v. Achudan Saradha
Kerala HCCRP/278/2011
Case brief
AI extract
What is this about?
The High Court set aside orders dismissing execution complaints filed under Section 47 CPC. The Court held that the period disabled by a prior injunction must be excluded under Section 15 of the Limitation Act when determining time bar for delivery of mortgaged property.
What did the court decide?
The impugned orders dismissing E.A Nos.16/2011 and 17/2011 were set aside and the petitions remanded to the Munsiff of Punalur to adjudicate after applying exclusion under Section 15 of the Limitation