INDRAMANI Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) This civil revision has been preferred by the applicants/decree holders challenging the order dtd. 13/8/2014 passed by Addl. Civil Judge to the Court of 1st Civil Judge Class-II, Rewa in execution case no.132-A/93/11 whereby allowing the judgment debtor/respondent's application/objection dtd.19/10/2012, the Executing Court has dismissed the execution application as barred by limitation.

(2.) In short, the facts are that, upon filing civil suit no.132A/93 by the applicants/decree holders for redemption of mortgage of the land in question and due to non-appearance of the defendants 1-2 (including State of M.P.), the suit was decreed on 25/10/1996 to the effect that upon making payment of Rs.500.00 by the plaintiffs, the defendant 1 shall handover possession of the land in question.

(3.) Undisputedly, application under Order IX Rule 13 CPC was filed by respondent/judgment debtor on 8/2/2000, which upon due consideration was dismissed vide order dtd. 6/12/2004. Misc. Appeal filed against which by respondent, was dismissed on 9/12/2005 and CR no.136/2006 was dismissed on 30/9/2011 by High Court. Similarly, SLP no.13628/13 was also dismissed on 20/3/2013.