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2019 Supreme(HP) 1452

AJAY MOHAN GOEL
Rajesh Vats & Another – Appellant
Versus
Chaman Lal – Respondent


Advocates Appeared:
G.R. Palsra, Advocate, Bhupender Gupta, Advocate, Rinki Kashmiri, Advocate

JUDGMENT

Ajay Mohan Goel, J. - By way of this petition, petitioners have challenged the order passed by the learned Executing Court dated 27.03.2019, vide which the Execution Petition which was filed by the present petitioners for execution of the decree so passed in favour of predecessor-in-interest of the present petitioners dated 30.08.1978, was dismissed as being time barred.

2. Brief facts necessary for the adjudication of the present petition are that a suit filed by one Shri Mangti Ram predecessor-in-interest of the present petitioners, was decreed on 30.08.1978. The first appeal filed against the same was dismissed by the learned First Appellate Court on 12.09.1980 and the Regular Second Appeal was dismissed by this Court on 28.12.1990.

3. For the purpose of the execution of the said judgment and decree dated 30.08.1978 as affirmed by the learned Appellate Court as well as this Court, an Execution Petition was filed by the present petitioners in the year 2007. The same has been dismissed by the learned Executing Court as being time barred in the following terms:-

    "15. the applicants claim that the period of limitation to file the present execution commences from the orders d

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