H B RAJENDRA Vs. VIJAYA BANK

JUDGEMENT

(1.) THIS revision petition is filed by the judgment-debtor Nos. 2 to 4 in Ex. Case No. 96/96, on the file of the learned Civil Judge (Sr. Division), Madikere, against the order dated 14-10-1998 passed by the said Court overruling their objections and holding that the execution petition is not barred by limitation.

(2.) ). Respondent No. 1-Vijaya Bank filed the suit O. S. 1/82, on the file of the Civil Judge, Kodagu, Madikeri, against the revision petitioners, who are defendants 2 to 4 and respondent No. 2, who is defendant No. 1, and obtained a preliminary decree on 8-4-1982 in the said suit for recovery of the suit amount by the sale of mortgaged property, final decree was passed in the said suit on 6-9-1982. Thereafter, the first respondent filed Execution Case No. 68/91, on the file of the Court of Civil Judge, Kodagu, Madikere, for executing the decree. The said execution petition came to be dismissed on 17-11-1993. Thereafter, the 1st respondent filed execution case once again - Ex. 96/96 to execute the said decree. After service of notice, the petitioners contended that the execution petition filed by the 1st respondent is barred by limitation since it was filed beyond 12 years from 6-9-1982, the date on which the final decree was passed. After hearing the arguments advanced by both sides, the lower Court rejected the said contention of the revision petitioners-judgment-debtors 2 to 4 and issued sale notice in respect of the mortgaged properties. Aggrieved by the said order passed, the judgment-debtors 2 to 4 filed the present revision petition.

(3.) I have heard the arguments advanced by the learned counsel on both sides.