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1996 Supreme(AP) 1152

S.DASARADHA RAMA REDDY
Nalluri Veerraju – Appellant
Versus
Kanchi Kamakshammavari Temple, at adhavaram, rep. , by the Chairman, Trust Board and Managing Trustee – Respondent


S. DASARADHA RAMA REDDI, J.

( 1 ) THE respondent-temple obtained decree for recovery of possession on 8-11-1978 in O. S. No. 219/70 against the petitioner (second defendant) and the first defendant, of whom the petitioner was the tenant. The petitioner did not prefer any appeal; while the appeal filed by the first defendant in A. S. No. 179/79 was dismissed by the learned District Judge, West Godavari at eluru on 7-5-1983. In December, 1994 (exact date is not available from the record) the respondent-temple filed E. P. No. 115/94 against the petitioner, as well as the first defendant. The petitioner filed counter taking the plea that the execution petition is barred by limitation under Article 136 of the Limitation act, as twelve years have elapsed from 8-11-1978. Without considering the objections taken by the petitioner, the Court below passed a docket order on 19-4-1996 setting the Judgment-Debtors ex parte and ordering delivery of possession. Against this docket order, the petitioner has come up with the present revision before this Court contending that the execution petition filed by the respondent-temple before the Court below - E. P. No. 115/94 is barred by time.

( 2 ) MR. T





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