JUDGMENT

Avinash G. Gharote, J. - Heard Mrs. Rashi Deshpande, learned counsel for the petitioner and Shri D.G. Paunikar, learned counsel for the respondent. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the rival parties.

2. The petition challenges the order dated 23/03/2022 passed below Exh.14 by the learned Small Causes Court in Special Darkhast No.130/2017, whereby the application filed by the judgment debtor for dismissal of the execution proceedings for execution of the ex parte judgment and decree dated 09/08/2004 in Regular Civil Suit No.256/2001 has been allowed on the ground that the same was filed on 09/10/2017 that is beyond the period of 12 years of passing of the decree in Regular Civil Suit No.256/2001 and therefore was beyond the period of limitation (pg.96). The petition also challenges the order below Exh.21 dated 16/03/2022 dismissing the application to treat Special Darkhast No.130/2017 as an application for restoration of Special Darkhast No.135/2005.

3. Mrs. Deshpande, learned counsel for the original decree holder/pe