BAGIYAM Vs. RANGASAMY

JUDGEMENT

(1.) The revision has been filed by the petitioner who is the judgment debtor in O.S. No. 1294 of 1986 seeking to dismiss the application filed by the respondents in E.P. No. 84 of 2001 to execute the decree in O.S. No. 1294 of 1986 dated 24.11.1994.

(2.) The brief facts of the facts are as follows:

(3.) Mr. N. Manoharan, learned Counsel appearing for the petitioner submitted that under Article 136 of the Limitation Act the period of limitation for the executive of a decree for mandatory injunction is only 3 years. The said period having fixed under the act, the same cannot be extended by the orders of the Court. The learned Counsel also relied upon the judgments of the Apex Court W.B. Essential Commodities Supply Cororation v. Swadesh Agro Farming and Storage Pvt. Ltd. and Anr., 1999 8 SCC 315; Antonysami v. Arulanandam Pillai (D) by Lrs and Anr.,2001 4 CTC 495; Manohar v. Jaipalsing, 2008 1 SCC 520 and Ram Bachan Rai and Ors. v. Ram Udar Rai and Ors., 2006 3 MadLJ 67 in support of his contention that period of limitation and the limitation as provided in the Limitation Act will have to be strictly construed and the relative inconvenience or equity cannot be a ground to extend the limitation period. The learned Counsel has also relied upon the judgment of this Hon'ble Court, D. Balakumar and 3 Ors. v. Vedachalam and Anr.,2005 2 LW 696 for the above said preposition of law. Therefore the learned Counsel sought for the revision to be allowed.