Art. 135 of the Limitation Act, 1963 applies to cases of enforcement of a decree granting a mandatory injunction, while Art. 136 applies to the execution of any other decree or order of a civil court. There is no period of limitation for the enforcement of a direction for permanent injunction.

D. P. MOHAPATRA, J.

( 1 ) SRIMATI Kanak Dei, opposite party No. 1 is a plaintiff, decree-holder and the petitioner and opposite parties 2 to 5 are the defendants Judgment debtors in Execution Case No. 100/81 pending before the Munsif, 1st Court, Cuttack. The execution case arises out of Title Suit No. 111/69. The petitioner's application under S. 47, Civil P. C. having been rejected by the executing court by order dated-5-11-81 she has filed thus application under S. 115, Civil P. C. The maintainability of the execution case was challenged on several grounds, the principal one being one of limitation. According to the petitioner the execution case is barred by limitation in view of the provisions of Art. 135 of the limitation Act, 1963.

( 2 ) THE decree in Title Suit No. 111/69 was signed on 10-2-1975. The effective portion of the decree read as follows : -"it is ordered that the suit be and the same is decreed on contest against defendant Nos. 1 to 3 and ex parte against the rest of the defendants with costs and it is ordered that the plaintiff shall recover possession of the two roomed house standing on the suit land from the defendants and the defendant Nos. 1 and 2 shall give delivery of possession of the said house within one month hence, failing which it is open for the plaintiff to levy execution for the recovery of the suit house and in such event the court shall give vacant possession of the suit-house to the plaintiff. In such circumstances' all costs of restoration of possession will devolve on defendant Nos. 1 and 2. It is further ordered that the defendants are permanently-restrained from going upon the suit land and from interfering with the plaintiff's possession over the suit land. Pleader's, fee at contested scale and that the sum of Rs. 42. 40 be paid by the defendants to the plaintiff on account of the costs of this suit. "the defendants filed Title Appeal No. 39/75 against the aforesaid decision of the trial court on 19-3-1975. The appeal was dismissed with costs by the 1st Additional subordinate Judge, Cuttack and the decree was passed on 2-2-1977. It appears from the execution petition that Second Appeal No. 109/77 filed by the defendants against the decisions of the 1st Appellate court was dismissed by this court on 17-1-1979. The decree holder (Opposite party filed the execution petition on 16-5-1981. In his petition the decree-holder prayed for recovery (her) of possession of the suit properties and for realisation of costs. The petitioner in paragraph 1 of his objection stated that the execution case is not maintainable and in para 3 thereof took the plea that the proceeding is grossly barred by limitation. Nothing was stated as to under which provision of law the execution petition was barred by limitation. The impugned order shows that reliance was placed, as noticed earlier, on Art. 135 of the Limitation Act. The executing court rejected the objections raised by the petitioner (judgment debtor) to maintainability of the execution case.

( 3 ) IN view of the facts narrated above the question that arises for consideration is whether the execution case filed on 16-5-1981 is barred by limitation. Before proceeding further it would be helpful to quote the provisions of Arts. 135 and 136 of the Limitation Act, 1963 which are relevant for the purpose :"135 For the enforcement of a decree granting a mandatory injunction. Three years the date of the decree or where a date is fixed for performance, such date. 136. For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. Twelve years when the decree or order be-comes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in respect of which execution is sought takes place, provided that perpetual injunction shall not be subject to any period of limitation. "from the aforesai