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Issues:
Construction of Article 182 of the Indian Limitation Act, 1908 in the context of a mortgage dispute. Analysis: The case involved a dispute over the interpretation of Article 182 of the Indian Limitation Act, 1908, in a mortgage matter. The dispute arose from a partition suit where a receiver was appointed to manage properties held jointly by the parties. The receiver borrowed a sum from co-sharers and executed a mortgage in their favor. Subsequently, a series of legal proceedings ensued, including a preliminary mortgage decree and a subsequent appeal resulting in a compromise decree. The critical issue was the timeline for execution of the decree, whether it should be calculated from the original decree or the appellate court's decree. The High Court dismissed an appeal by one party, contending that it was not a valid appeal due to irregularities. The subsequent question was whether this dismissal affected the timeline for execution as per Article 182. The court deliberated on the nature of appeals and the parties involved in determining the applicability of the limitation period. Various legal opinions from different courts were considered, but the final decision was based on the plain language of the article, focusing on the phrase "where there has been an appeal." The court emphasized that equitable considerations should not influence the strict interpretation of legal provisions, and the timeline for execution should be calculated from the date of the appellate court's decree. Ultimately, the court ruled in favor of the appellants, allowing the appeal, setting aside the High Court's decree, and restoring the Subordinate Judge's order. The respondents were directed to bear the costs of the appellants in both the High Court and before the Board.
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