BONTHU VEERA REDDY Vs. KOLLI VENKATESWARA REDDY

JUDGEMENT

(1.) This revision is filed by the second judgment-debtor aggrieved by the order passed by the III Additional Junior Civil Judge, Vijayawada, in E.P. No.232 of 2002 in OS No.608 of 1987 dated 24-9-2002 under which the petitioner was directed to remove the constructions at his own cost.

(2.) According to the petitioner, the Respondents 1 to 4 filed a suit both for Mandatory Injunction as well as for Permanent Injunction with reference to the constructions across the passage between D, D1 and C, C1. The said suit, after full trial, was decreed in favour of the respondents-decree holders granting both mandatory injunction as well as permanent injunction. While granting decree, the judgment-debtors were given three months time to remove the constructions. The decree-holders filed the execution petition seeking to order the removal of constructions across the passage between D, Dl and C, C1. The said petition was contested by the respondents stating that the mandatory injunction decree passed against them was already complied with by removing the encroachment. Further, it was pleaded that the decree for mandatory injunction has to be executed within a period of three years and the present execution petition is barred by limitation. Thereafter, the Executing Court after considering the rival contentions, passed an order negativing the contentions of the judgment-debtors that die execution petition is barred by limitation and ordered removal of the constructions in the disputed passage. Hence, the present revision petition.

(3.) The learned Counsel for the petitioner contended that the Executing Court had committed grave error in ordering execution of the mandatory injunction, though admittedly, the said execution petition was filed on 26-2-2000 when the decree was passed on 20-10-1994. It is contended that a mandatory injunction can be executed only within a period of three years from the date of the decree in terms of Article 135 of the Limitation Act (for brevity 'the Act'). As the execution petition is filed beyond the period of three years, the judgment- debtors are not entitled to execute the mandatory injunction.