JUDGMENT/ORDER

1. Heard Mr. Sudin Usgaonkar, learned Senior Counsel with Mr. Pooja Naik and Ms. S. Usgaonkar, learned Counsel for the petitioner, Mr. Deepak Gaonkar, learned Counsel for respondent Nos.1 to 5 and Mr. Shailesh Redkar with Ms. K. Desai, learned Counsel for Respondent Nos.6 to 7.

2. Rule. Rule is returnable forthwith with the consent of the learned Counsel for the parties. Matter is taken up for final disposal.

3. The petitioner is challenging the impugned order passed by the learned Executing Court dtd. 24/01/2019 below Exhibit-14 in Regular Execution Application No.95/2016/F whereby preliminary objections raised by the judgment debtor to the maintainability of the execution proceedings have been up held and execution proceedings have be dismissed as filed beyond the period of limitation.

4. Learned Senior Counsel Shri Usgaonkar appearing for the petitioner would submit that the suit filed by the petitioner was for restoration of possession of the suit land by demolishing the illegal structure erected by the decree holder. The suit was decreed as per the Judgment dtd. 17/10/2021 in Regular Civil Suit No. 248 of 1975.

5. The petitioner then filed execution proceedings befor