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2018 Supreme(P&H) 4460

B.S.WALIA
Gurnam Singh – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Mr. Kanwar Pahul Singh, Advocate, for the Appellant; Mr. Shivoy Dhir, Standing Counsel, for the UOI

JUDGMENT

B.S. Walia, J. (Oral) - This order shall dispose of CR Nos.4177, 4255 and 4273 of 2018 as identical question is involved in all three cases.

2. Short point in issue is that execution application filed by the petitioners was dismissed on the ground that the same was barred by limitation as execution application had been filed after more than 12 years from the date of order dated 15.04.2003 execution of which was sought by way of the execution application.

3. The petitioners have challenged the impugned order on the ground that the same does not take into account the fact that order dated 15.04.2003 was challenged by the petitioners by filing Regular First Appeal (i.e. RFA No.2249 of 2004 in CR No.4177 of 2018, RFA No. 2244 of 2004 in CR No.4255 of 2018 and RFA No.2246 of 2004 in CR No.4273 of 2018) and the same came to be decided on 13.01.2016 and that in the circumstances, limitation for counting period of 12 years would begin from the date of order passed in the aforementioned RFAs (i.e. 13.01.2016) and not date of award (i.e. 15.04.2003).

4. Learned counsel appearing on behalf of the respondents has not controverted the factual or legal position.

5. It is settled law that

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