(1.) The case has come up before the Full Bench as per Reference Order of the Division Bench dated 21-5-2010. The learned Single Judge referred the matter as per Reference Order dated 10-7-2009. The question referred before the Full Bench for its opinion, is the following:
(2.) The factual matrix is in a narrow compass. The Civil Revision Petition is filed by the judgment-debtors in E.P. No. 14/2005 in O.S. No. 184/1986 of the Munsiff's Court, Punalur. The suit was one for declaration of title of the plaintiffs over the plaint schedule property measuring 30 cents in Sy. No. 962/1/2/6,1 of Kulathupuzha Village and for recovery of possession with mesne profits. The same was decreed on 14-2-1990. The defendants filed A.S. No. 49/1990 before the Sub Court, Kottarakkara against the judgment and decree, along with a petition to condone the delay, filed as I.A. No. 1290/1990. The delay petition was dismissed and consequently the appeal was also dismissed. Annexure I is the copy of the decree, in A.S. No. 49/1990.
(3.) When E.P. No. 14/2005 was filed by the decree-holder, the revision petitioners contended, in the objection filed, that the execution petition is barred by limitation. The learned Munsiff ordered delivery of the property, against which the revision petitioner filed W.P. (C) No. 24765/2005. This Court set aside the order of the court below and directed the court below to pass fresh order. The petitioners thereafter filed an additional objection to the execution petition and the court below ordered delivery, against which the present Civil Revision Petition is filed.
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