REXY FIGARDO, S/O. LATE LEAN FIGARDO, REX VILLA, OPP. BABY MARINE INTERNATIONAL, THOPPUMPADY, KOCHI-5, Vs. TERESA D. ARUJA, W/O. LATE HERBERT LINUR D. ARUJA, H. NO. XVIII/1474, EMIL DALE THOPPUMPADY, KOCHI-5 AND ORS.

JUDGEMENT

(1.) THE short question that arises for consideration in this Civil Revision Petition is whether the execution petition filed before the court below is barred by limitation. The facts absolutely necessary for the disposal of this revision petition are as follows:

(2.) THE main contention taken before this court is that the execution petition is barred by limitation and the time cannot be computed from the date of engrossing of the decree on stamp paper. In support of this principle, learned counsel relied on the decision reported in Chiranji Lal v. Hari Das ( : AIR 2005 SC 2564).

(3.) THE issue regarding limitation has necessarily to be considered by the court before granting delivery. This revision petition is allowed by setting aside the order in E.P. 160 of 2004 and the matter is remanded to the court below for fresh disposal in view of the decision in Chiranji Lal's case (supra). The parties shall appear before the lower court on 3.9.2012. The court below may make every endeavour to dispose of the matter within three months from the date of appearance of the parties.