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2006 DIGILAW 3230 (MAD)

V. N. Krishnamoorthy Chetty v. B. M. Sundarajulu & Others

2006-11-27

R.BANUMATHI

body2006
Judgment :- (Petition filed under Section 115 of C.P.C. against the Order rejecting the unnumbered E.P. in O.S.No. 188 of 1981 on the file of the District Munsif, Krishnagiri, dated 12.8.2003.) This Revision Petition is directed against the Order of rejection of the execution Petition in unnumbered E.P. in O.S.No. 188 of 1981 on the file of the District Munsif, Krishnagiri, dated. 12.8.2003. 2. The relevant facts are as follows:- 2.1. The Suit in O.S.No. 188 of 1981 was filed for declaration, Permanent Injunction and also for Mandatory Injunction. The Suit was decreed on 30.4.1986. Defendants 1 to 6 preferred an Appeal in A.S.No. 37 of 1988 and the same was dismissed for default on 17.1.1990 and the decree had become final. To carry out the repairs and to restore the channels and alleging that the Judgment Debtor has willfully disobeyed the decree for Permanent Injunction, the Decree Holder has filed E.P. ../2002 on 14.8.2002 beyond the period of 12 years. Without numbering, the Execution Petition was rejected by the lower Court on two grounds viz., (i) that the Execution Petition was filed beyond the period of twelve years and (ii) the death Certificate of deceased Respondents 1,6 and 8 had not been produced. 2.2. The decree in O.S.No. 188 of 1981 was passed on 30.4.1986. As against that A.S.No. 37 of 1988 was filed which was dismissed for default on 17.1.1990. The Execution Petition was filed on 14.8.2002 beyond the period of twelve years from the date of the Appellate decree. 3. Heard the learned counsel for the Petitioner as well as the Respondents. 4. Art. 136 of the Limitation Act sets a dead line beyond which, no Application for execution of the decree can be made. The intention of the Legislature is quite apparent from the language employed that the time to file Execution Petition is twelve years from the time when the Order or Decree becomes enforceable. In the present case, quite obviously, the Execution Petition was filed beyond the period of twelve years. The Executing Court has rightly rejected the Execution Petition. The impugned order does not suffer from any error of law calling for interference. This Civil Revision Petition is dismissed.