1. - Heard learned counsel for the petitioner.

2. The present revision petition arises from the order dated 18.04.2013 passed by the executing court, whereby, the application filed by the petitioner-judgment debtor for dismissal of the execution proceedings as time barred has been rejected and the Court has straightaway ordered for issuing warrant under Order 21, Rule 35 CPC.

3. The case of the petitioner is that the so called offending construction was existing at the time of passing of the decree on 02.12.1985, which has been noticed at page 2 of the judgment and a specific decree in the following terms was passed:-

";fn mDr LFky ij izfroknh }kjk dksbZ fuekZ.k djk fy;k x;k rks izfroknh mls Lo;a gVk ys vFkok izfroknh ds O;; ij oknh mDr voS/k fuekZ.k dks gVk ldrk gSA"

4. As such, the execution proceedings for removal of the said construction on 02.03.2013 were barred by limitation.

5. From the perusal of the order impugned, it is apparent that the trial court has rejected the application for dismissing the execution proceedings and has thereafter straightaway ordered for issuance of warrant under Order 21, Rule 35 CPC, which procedure is apparently faulty. The trial court was r