THE LAND ACQUISITION OFFICER, BODHAN Vs. GANGADHAR RAO

JUDGEMENT

(1.) THIS civil revision petition under Section 115 of the Code of Civil Procedure by the judgment debtor is directed against the orders dated 10.12.2013 of the learned Senior Civil Judge, Bodhan made in EA. No. 107 of 2013 in EP. No. 16 of 2011 in OP. No. 42 of 1987.

(2.) THE introductory facts are as follows: -The respondent herein is the decree holder. Having obtained a decree, which has become final, the decree holder had filed the execution petition for realisation of the decree debt in a sum of more than Rs. 13 lakhs. In the said execution petition the decree holder had sought attachment of movable property of the judgment debtor. While the said execution petition is pending, the judgment debtor had filed E.A. No. 107 of 2013 requesting to dismiss the execution petition on the ground that the decree holder had not filed the execution petition within 12 years i.e., within the time allowed under law for execution of the decree. The said application was dismissed by the Court of execution holding inter alia that the execution petition is filed within the time allowed under law. Therefore, the judgment debtor had filed this civil revision.'

(3.) NOW the points for determination are: -