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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Nurul Islam Khan, S/o. Late Nayan Khan – Appellant
Versus
Rajab Ali Khan, S/o. Late Rabi Khan – Respondent
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. N. Haque, the learned counsel appearing on behalf of the Petitioners and Mr. A. Sattar, the learned counsel appearing on behalf of the respondents.
2. The jurisdiction under Article 227 of the Constitution have been invoked to challenge the order dated 01.10.2021 passed by the learned Munsiff No.1, Barpeta (hereinafter referred to as ‘the learned Executing Court’) whereby the Execution Proceedings being Title Execution Case No.33/2018 was dismissed on the ground of being barred by limitation in terms with Article 136 of the Limitation Act, 1963 (for short ‘the Act of 1963’).
3. For deciding the legality and validity of the impugned order dated 01.10.2021, it is relevant to take note of the brief facts which led to the filing of the instant proceedings infra.
4. The Petitioners herein as Plaintiffs had filed a suit being Title Suit No.15/2000 before the Court of the learned Civil Judge (Junior Division), Barpeta (hereinafter referred to as, “the learned Trial Court”) seeking declaration of their right, title and interest over a plot of land specifically described in Schedule-B to the plaint which admeasured 2 Kathas 5 1/3 Lechas and for recovery
The limitation period for executing a decree runs continuously unless stayed by a specific order; absence of such an order means the execution application filed beyond the limitation period is barred....
The execution of a decree remains valid if filed within the allowed limitation period despite prior delays acknowledged by the decree holders.
S.15 of the Limitation Act only applies to stayed orders; mere lawsuits do not qualify as such.
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
Decree became enforceable the moment judgment is delivered and merely because there will be delay in drawing up of decree, it cannot be said that decree is not enforceable till it is prepared.
The larger limitation prescribed for the main relief is the foundation to decide whether the execution petition is within time or not, and the main relief granted would be unexecutable even if it is ....
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