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NYAPATHY VIJAY
Tettu Basha Mohiddin, S/o Hasan Naik – Appellant
Versus
Suddapalli Seethapathi, S/o Ramaiah – Respondent
ORDER :
(Nyapathy Vijay, J.)
C.R.P(Sr).No.9967 of 2014 is filed questioning the order dated 09.10.2012 passed in I.A.No.1 of 2011 in A.S.No.23 of 2001 by the Principal Senior Civil Judge, Rajampet, Kadapa District in dismissing the I.A., to restore the appeal by setting aside the dismissal order dated 27.01. 2011.
2. C.R.P.No.3209 of 2015 was filed questioning the order dated 27.07.2015 in E.P.No.27 of 2014 in O.S.No.244 of 1999 passed by the Junior Civil Judge, Nandaluru rejecting the plea of bar of limitation urged by the petitioner/judgment debtor.
3. Petitioner is the judgment debtor. Respondents filed O.S.No.244 of 1999 seeking relief of declaration of title over A, B, C-1 and D-1 property shown in the plaint plan and to direct the defendants to remove the encroached portion A,B,C-1 and D-1 by way of mandatory injunction and also deliver vacant possession of the same. Further, the defendants were sought to be restrained by way of permanent injunction without making any further construction in C-1 and D-1 wall. The said suit was decreed on 13.03.2001. Petitioner/judgment debtor filed A.S.No.23 of 2001 before Senior Civil Judge, Rajampet on 24.04.2001. During the pendency of the a
The limitation for execution proceedings starts from the date of disposal of the appeal, regardless of whether there was a stay during the appeal.
The doctrine of merger and the starting period of limitation for execution of a decree are crucial legal principles established in the judgment.
Applications for condonation of delay under Section 5 of the Limitation Act are typically inapplicable to proceedings under Order XXI of CPC unless exceptional circumstances dictate otherwise.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
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