P VENKATESHAM Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This revision is filed against the order dated 20-9-94 in E.A. No. 15 of 1988 in E.P. No. 13 of 1988 in O.S. No. 299 of 1975 on the file of the Subordinate Judge, Medak.

(2.) The learned Counsel for the petitioner submitted that the respondent obtained a decree in O.S. No. 299 of 1975 on the file of the IV Addl. Judge, City Civil Court, Hyderabad on 20-4-1976 and he filed EP for execution of the decree and it was sent to the Subordinate Judge, Medak on 22-4-1988 and the petitioner/J.Dr. filed E.A. No. 15 of 1988 contending that the said E.P. was barred by limitation. He further submits that the learned Subordinate Judge, without assigning any reasons, dismissed the said application, and as the E.P. is filed beyond 12 years, it is barred by limitation and requested to set aside the same.

(3.) But the learned Counsel for the respondent submitted that the decree was obtained on 20-4-1976 and as the E.P. was filed on 18-4-88, it is not barred by limitation and the learned Subordinate Judge is justified in dismissing the said application.