ALLELIAPPA Vs. KULLAMMA

JUDGEMENT

(1.) Challenging the impugned Order, dtd. 23/4/2021, ordering the delivery of the Suit property, the present Civil Revision Petition has been filed by the Judgment-debtors.

(2.) As the Second Petitioner died, his Legal Heirs have been brought on record. Pursuant to the Orders passed in R.E.P. No.26 of 2014 in O.S. No.804 of 1993, delivery ought not to have been ordered since the property has not been partitioned and Execution Petition was filed beyond the period of limitation i.e., the Execution Petition was not filed within a period of three years.

(3.) The learned Counsel appearing for the Petitioner would submit that though the Suit for Declaration of Title has been decreed, consequential relief of Mandatory Injunction was granted to enforce the Decree. Execution Petition ought to have been filed as per Article 135 of the Limitation Act, whereas the Execution Petition has been filed on 24/7/2014, after 12 years of the Decree and Judgment. Therefore, the Order of the delivery passed by the Executing Court cannot be sustained in the eye of law.