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Issues: Whether a money decree for principal, interest and costs can be executed in stages by filing a later execution application for interest omitted from the earlier application.
Analysis: A decree for principal and interest is treated as a single money decree, not as separable reliefs for the purpose of execution. The relevant execution provisions contemplate execution of the decree as a whole, and the application for execution is required to state the amount due under the decree, including interest if any. There is no express authority permitting piecemeal execution of a presently payable money decree. Where the decree-holder applies for execution only for part of the amount due, the omission is treated as a waiver of the balance for execution purposes, and the later application for the omitted balance is not maintainable.
Conclusion: Separate execution for the omitted interest was not permissible, and the subsequent execution application was barred.
Final Conclusion: The appeal succeeded, the order allowing the later execution application was set aside, and the execution application was dismissed with costs.
Ratio Decidendi: A single money decree presently payable must be executed as a whole, and a decree-holder who seeks execution for only part of the decretal amount waives execution of the balance in a subsequent application.