NEELA CHINNA Vs. GANGADHARAN PILLAI

JUDGEMENT

(1.) THE petitioners are the decree holders in O.S.No.148 of 1979, on the file of the Munsiff's Court, Kottarakkara. The Execution Petition filed by them as E.P.No.91 of 2000 was dismissed on the ground of limitation, which is under challenge in this Revision.

(2.) THE decree was passed on 20.12.1986. The defendants filed appeal. The appeal was dismissed for default on 6.3.1996. The decree holders filed an Execution Petition on 31.3.1999, which was dismissed for default on 26.5.2000. Later, the present Execution Petition, namely, E.P.No.91 of 2000 was filed on 21.8.2000. The Execution Petition was dismissed by the order dated 21.10.2002 on the ground that it is barred by limitation. On 18.11.2002, the decree holders filed a Review Petition as E.A.No.217 of 2002. That Review Petition was dismissed on 4.11.2003. Meanwhile, the order dated 21.10.2002 was challenged in Revision on 30.5.2003.

(3.) IN Ratansingh v. Vijaysingh (2001 (1) KLT 327 (SC) = (2001) 1 SCC 469), the trial court passed the decree on 14.12.1970 and the appeal filed by the defendant was dismissed on 1.8.1973. The Execution Petition was filed on 24.3.1988, which was beyond the period of twelve years from the date of the appellate court decree. It was contended that the Second Appeal filed by the defendant was dismissed by the High Court on 31.3.1976 as it was time barred and the period of twelve years had to be computed from that date. Negativing the contention of the decree holder, the Supreme Court held: