KRISHNA REDDY SINCE DECEASED BY HIS LRS. K MUNNI REDDY AND OTHERS Vs. SPECIAL ADDITIONAL LAO BANGALORE DEVELOPMENT AUTHORITY BANGALORE AND THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The question that requires to be determined in this Revision Petition is as to whether the Execution petition filed on 29th July 2005 to execute the award dtd. 31.07.1985 passed by the Reference Court in L.A.C. No. 648 of 1983 was filed within the period of limitation?. This Revision Petition by the decree holders is directed against the order dated 18th March 2011 passed by the Court of the II Addl. City Civil Judge, Bangalore dismissing the Execution Petition in Execution No. 1797/2005 on the ground that it was barred by limitation.

(2.) I have heard the learned Counsel for the parties and perused the impugned order and the judgments referred to by the learned Counsel for the petitioners.

(3.) The aforesaid execution petition was filed on 29th July 2005 to recover the alleged balance amount of Rs. 1,05,782/- payable under the award dated 31.7.1985 passed in L.A.C. No. 648/1983. It is stated that the appeal in M.F.A. No. 377 of 1986 filed by the respondents against the aforesaid award was dismissed by this Court on 21.6.1991. The execution petition, which was filed in the year 2005, was dismissed by the Executing Court on the ground it was filed after 12 years from the date of the award and hence was beyond the period of limitation (12 years) provided under Article 136 of the Limitation Act, 1963.