JINESHWARI DEVI Vs. DURGESHWARI @ PILA BAI PANIGRAHI

JUDGEMENT

(1.) THIS civil revision is directed against the order dated 21-9-2000 passed in Execution Case No. 157-A/2000 by learned First Civil Judge Class II, Jagdalpur, Distt. Bastar whereby the objection of the applicants with respect to maintainability of execution proceedings on the ground of limitation has been rejected and in execution of the decree dated 2-9-1987 passed in Second Civil Appeal No. 142/83 by the High Court of M.P., warrant of possession of the suit house and attachment warrant for recovery of decretal amount of Rs. 178.45/-has been issued against the applicant.

(2.) LEARNED Counsel for the applicants submits that undisputedly the decree was passed on 2-9-1987 and execution proceeding was initiated by decree holder only on 28-4-2000 which is beyond the period as prescribed under Article 136 of the Limitation Act (henceforth 'the Act'). He further submits that the applicants' objection has been rejected with an observation that execution proceedings pertains to a decree of mandatory direction whereby the appellant (Smt. Durgeshwari alias Pila Bai Panigrahi; respondent No. 1 herein) is held to be lawful owner and title holder of the suit house and entitled to obtain the possession of the same from the respondents/defendants. The decree accordingly was passed. Thus, by the said decree, a mandatory direction has been issued by the High Court of M.P. and for such decree no limitation for execution has been prescribed. He submits that the decree in fact was for possession of the suit house and, therefore, for the purposes of limitation, Article 136 of the Act is attracted and the order impugned is contrary to the provisions of Article 136 of the Act and the same should be set aside.

(3.) WE have heard learned Counsel for the parties and have perused the impugned order as also the decree dated 2nd September, 1987 passed in S.A. No. 142/83.