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LAXMI NARAYANA ALISHETTY
G. Kaniki Reddy, S/o Narsappa @ Chinna Narsappa – Appellant
Versus
Bheem Reddy (died) by LRs. 1 to 7 – Respondent
ORDER :
Heard Sri J.Suresh Babu, learned counsel for the revision petitioners, and Sri Karnam Ramesh, learned counsel for the respondents. Perused the entire material available on record.
2. This Revision Petition is filed challenging the order, dated 04.12.2009, passed by the Senior Civil Judge, Narayanpet in CFR.No.542 of 2007 in unregistered E.P., whereby the EP was dismissed at the threshold.
3. The revision petitioners are the decree holders/plaintiffs and the respondents are the judgment debtors/defendants.
4. The facts of the case, if narrated in a narrow compass, which are necessary for disposal of this Revision Petition, are that the suit in O.S.No.132 of 1992 filed for declaration of title and recovery of possession of the suit schedule property was decreed ex parte on 23.09.1994. Subsequently, on 16.11.2007, the decree holders filed E.P. under Order XXI Rule 35 CPC seeking execution of the decree passed in the said O.S. i.e., for delivery of the suit schedule property to them.
4.1. The office of the Executing Court took an objection as to the maintainability of the said EP as the same was filed after 12 years from the date of passing of the judgment in the said O.S. Thereupo
The execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
The subsequent execution proceeding, being a continuation, cannot be construed as a fresh initiation of execution proceeding to execute the decree. The occupant, once the title is transferred in favo....
The period of limitation for filing execution proceedings commences when the decree becomes enforceable, not based on any acknowledgment made by the judgment debtor or otherwise.
The applicability of Article 136 of the Limitation Act supersedes Article 137 for final decree applications, allowing exclusion of prior litigation periods in calculating limitation.
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