SAMPATH NATTAR Vs. GNANA SIVAM [DECEASED]

JUDGEMENT

(1.) AGGRIEVED by the Order of the Execution Court made in E.P.No.115/1999, ordering delivery of possession, Plaintiff/ Judgment-Debtor in O.S.No.60/1987 has preferred this revision.

(2.) THIS revision arises on the following facts: -

(3.) DRAWING the attention of the Court to the various proceedings, the learned Counsel for the Respondent submitted that the Revision Petitioner having failed in all his attempts had made this last attempt to protract the execution proceedings. Pointing out filing of earlier Execution Petition No.104/1994, the learned Counsel for the Respondent submitted that the present E.P.No.115/1999 is only a continuation of earlier Execution Petition and not barred by limitation. Placing reliance upon 1993 (1) MLJ 234 and other decisions, it was further submitted that the Decree in the counter claim was for Mandatory Injunction and it is also a Decree for handing over possession of the suit land and hence, Art.135 of the Limitation Act is not applicable.