Hon’ble Sudhir Agarwal, J.—Heard Sri Gajendra Pratap Singh, Senior Advocate, assisted by Sri Brijesh Kumar Singh, learned counsel for the petitioners, Sri V.K. Baranwal, Advocate, Sri V.S. Chaubey, Advocate, and Sri K.K. Mani, Advocate, for the respondents and perused the record.

2. The only contention is that though second appeal was dismissed as abated on 7.3.2008, but, for the purpose of limitation, it would commence from the date of Lower Court’s decree and not from the date when the second appeal was dismissed. Reliance is placed on a decision of Apex Court in Ratan Singh v. Vijay Singh, 2001 (1) SCC 469, Chandi Prasad and others v. Additional District and Sessions Judge, Hapur and others, AIR 2001 All 229 and Uma Shankar Sharma v. The State of Bihar and another, AIR 2005 Pat 94.

3. On the contrary, it is contended on behalf of respondent that limitation will start for execution after the decree has attained finality i.e., when the appeal is dismissed, and placed reliance on Banshidhar Durga Dutta v. Loon Karan Sethiya and others, 1983 Law Suit (All) 382.

4. The sh