PRALHAD Vs. GAJANAN

JUDGEMENT

(1.) Heard learned Counsel for both the parties.

(2.) By consent and request of parties, the matter is taken up for final hearing at the stage of admission.

(3.) The present petition is filed challenging the order dtd. 31/10/2023 passed below exhibit-1 in Regular Dharkast No.05/2015 by the learned Civil Judge Junior Division, Motala. There was Regular Civil Suit No.68/1997 filed by the respondent before the learned Civil Judge, Junior Division, Malkapur, which was decreed vide judgment and decree dtd. 2/12/1999. The Civil Judge Junior Division by judgment and decree allowed the suit for possession in respect of 51 R of land out of Gat No. 77 belonging to the present petitioner. Petitioner challenged the said judgment and decree by filing a Regular Civil Appeal No.131/1999, there was no stay during the pendency of appeal. The said appeal came to be dismissed in default for want of prosecution on 25/11/2004. On 4/12/2015, the respondent filed the executive proceeding before the learned Civil Judge Junior Division, Motala for possession of 51 R land from Gat No.77 vide regular Dharkar No.05/2015. The petitioner appeared in the matter on 26/2/2016 had filed his objections to the maintainability of the proceeding. It is submitted that execution proceeding is hopelessly barred by the law of limitation. The suit was filed after 12 years of the said judgment and decree dtd. 3/12/1999. It is also contended that the decree is not executable as the revenue authority has wrongly shown Gat No.78 in 7/12 extract. He also raised certain objections in respect of wrong measurement, however at present, the main ground is the executive proceeding is filed beyond limitation.