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Govind Shanbhog v. Appaya

Bombay High Court
Nov 29, 1881

Westropp, C.J:— The application of the 10th March, 1871, distinctly asks that money should be levied, under the decree, From the defendant, and paid to Venkatesh Shanbhog as son and heir of the original plaintiff, whose death is stated. It, therefore, seems to this Court to be clearly an application “to enfore” the decree, and to fall within article 167 of Schedule II of Act IX of 1871, and accordingly the orders of the Acting Judge of Kanara and of the Subordinate Judge of Kumta must be reversed with costs, and the decree be executed as prayed by the darkhast of the 3rd January, 1874.

Orders reversed.