URMILA KUMARI MOHANTY Vs. BIJAY KUMAR MOHANTY

JUDGEMENT

(1.) IN this writ petition challenge has been made to the order dated 30.7.2005 passed by the learned Civil Judge (Senior Division), Nimapara in Execution Misc. Case No.62/06 of 2000/1999 rejecting the application of the petitioner to execute the decree for enhanced rate of maintenance from Rs.200/ - to Rs.400/ - on the ground that the execution case was not maintainable as the same was barred by limitation.

(2.) THE case of the petitioner is that she is the wife of opposite party. She got an ex parte decree of maintenance of Rs.200/ - per month in Original Suit No.38 of 1982 and the ex parte decree was passed on 29th September 1984 by the learned Civil Judge (Senior Division), Puri. Thereafter, she filed Execution Case No.21 of 1988 before the said Court for execution of the decree. While the matter stood thus, she filed Misc.Case No.20 of 1994 before the said Court for enhancement of maintenance. The Court below enhanced the maintenance from Rs.200/ - to Rs.400/ - by order dated 3.12.1994. After getting the order of enhanced maintenance on 15.4.1999 she filed an execution case to execute the order granting enhanced maintenance which was registered as Execution Misc. Case No.62/06 of 2000/1999. In the said execution case, the opposite party -judgment -debtor filed his objection taking a specific stand that the petitioner was not entitled to execute the decree as she filed the execution case at a later stage and the same was barred by limitation. During the subsistence of the earlier execution case, the decree holder should not have filed a fresh execution case which was not maintainable. On the said grounds, the Court below rejected the application of the petitioner.

(3.) THIS Court examined the record and from the above facts it appears that the petitioner got an order of enhanced maintenance on 3.12.1994 as provided in Section 25 of the Hindu Marriage Act and as such she filed the execution case. Therefore, the said execution case is coming under Article 136 of the Limitation Act which reads as follows :