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2002 Supreme(Pat) 1041

NAGENDRA RAI
Nawal Kishore Patel – Appellant
Versus
Most. Indrapari Devi – Respondent


Judgment

Nagendra Rai, J.

1. The decree holder is petitioner against the order dated 21.6.2001 passed in Title Execution No. 15 of 1996 by Spl. Execution Munsif, Muzaffarpur holding that the execution case filed by him is barred by limitation.

2. The sole question for consideration in this case is as to whether the decree under execution is barred by limitation in terms of the provisions contained under Article 136 of the Limitation Act, 1963 (hereinafter referred to as the Limitation Act).

3. The factual matrix essential to decide the controversy are as follows. Janki Devi, Pramod Kumar and Prem Kumar filed a Title Suit being Title Suit No. 76 of 1964 against the descendants of Jogendra Tiwari for specific performance of contract. Defendant no. 7 only contested the suit. During pendency of the case, Janki Devi died. The suit was decreed on 30th November, 1976 in favour of Pramod Kumar and Prem Kumar. They were directed to deposit Rs. 2,000/- (rupees two thousand) by 3.1.1977 to the credit of defendant no. 7 who was directed to deliver the possession of the suit land in the light of the judgment within one month from the date of decree to the plaintiff/ decree holder. The defendants
























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