B.S.PATIL
V ANJANEYA REDDY – Appellant
Versus
SPECIAL ADDITIONAL LAND, ACQUISITION OFFICER – Respondent
This revision petition is filed under Section 115 of the Code of Civil Procedure challenging the order passed by the executing Court dismissing the Execution Petition No.811/2002 as barred by time.
2. The execution petition was filed on 09.04.2002 seeking enforcement of judgment and award passed by the reference Court in LAC No.467/1983 disposed of on 31.07.1985.
3. The claimant sought recovery of a sum of Rs.23,611.00. Earlier, on three occasions execution petitions were filed by the revision petitioner. E.P.No.162/1986 came to be disposed of on 19.03.1986; E.P.No.1127/1991 came to be disposed of on 22.03.1993 and E.P.No.620/1993 was disposed of on 27.06.1997. The present execution petition being the fourth petition was filed on 09.04.2002.
4. The petition was contested by the respondent by filing statement of objections including as regards maintainability of the petition as barred by limitation. The executing Court having examined the matter and upon hearing the learned counsel on both sides, has dismissed the petition as barred by time.
5. Learned counsel for the petitioner has urged twin contentions before this Court. The first contention urged by him is that on three occas
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