JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. Interpretation and/or application of Section 14 of the Limitation Act, 1963 (for short, `the Act') is in question in this appeal. It arises out of a judgment and order dated 13.11.2008 passed by a learned Single Judge of the High Court of Judicature at Kerala at Ernakulam in IA No.1895 in CRP No.593 of 2008(B) dismissing the said application as barred by limitation.

3. The basic fact of the matter is not in dispute. First Respondent obtained a decree in a suit filed in the court of Munsif, Trivandrum being Original Suit No.150 of 1965, wherein it was directed :

"It is hereby decreed that the plaintiff is entitled for a declaration of title and possession over the plaint schedule property; and it is directed that the wooden hut placed by the Defendant No.1 be removed by him at his expense, failing which the Court shall remove the same and deliver possession of the property to the Plaintiff. The plaintiff is entitled to mesne profits at the rate of Rs.50/- from the date of suit till delivery of possession."

The description of the property in the said decree was as under :

"8 cents of property with trees, building, well and a bunk (mobile hut) and all appurtenants thereto in Survey 365 described in Pandara Otti Partition Deed (marked Vol-II Plan)", situated in Chengazhassery Village, Trivandrum."

The said decree was put in execution by Fanuval Stephen, the Decree holder in Original Suit No.150 of 1965 being Execution Petition No.705 of 1977. Fanuval Stephen died on or about 28.3.1985. Respondent Nos.1 to 5 herein, being his heirs and legal representatives, were impleaded as additional decree holder Nos.2 to 6 therein. The said execution petition was dismissed by an order dated 8.7.1996.

4. The judgment debtor appears to have suffered another decree passed in Original Suit No.274 of 1982. Execution Petition No.271 of 1986 was filed for execution of the said decree. A sale certificate was issued in respect of the suit property. It is said to have been charged towards the satisfaction of the debt sought to be recovered in O.S. No.274 of 1982 by the State Bank of Travancore. Appellant purchased the said property in auction.

5. Respondent Nos.1 to 5, however, filed a Second Execution Petition on or about 11.9.2001. Appellants were impleaded as Respondent Nos.16 and 17 therein. They filed an objection in regard to the maintainability of the said execution petition, inter alia, contending that the same was barred by limitation.

6. By an order dated 6.9.2005, the said objection petition was rejected. An appeal was preferred thereagainst on or about 3.10.2005 which was marked as AS No.301 of 2005. The said appeal was held to be not maintainable by the learned First Appellate Court by an order dated 5.10.2005. However, the merit of the matter was also considered therein.

7. Aggrieved by and dissatisfied with the said order dated 6.9.2005, the appellants preferred an Execution Second Appeal before the High Court which was marked as Execution Second Appeal No.17 of 2005. By reason of a judgment and order dated 13.6.2008, the High Court disposed of the said second appeal opining that the First Appellate Court was not correct in entering into the merit of the matter despite holding that the appeal was not maintainable. The said appeal was disposed of, directing :

"I am convinced that the request made by the learned counsel for the appellants is necessitated by reason of the first appellate court wrongly entering into merits of the case and considering the right of the appellants after holding that the appeal is not maintainable and that therefore, setting aside the judgment of the first appellate court, the Execution Second Appeal deserves to be disposed of without prejudice to the rights of the appellants to move for appropriate reliefs by way of revision or otherwise, if so advised. In the result, I dispose of this appeal setting aside the judgment appealed against to the extent it has gone to the merits of t