HARWANT SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) ORDER dated 19.08.2014 (Annexure P -4) vide which objection petition of objectors -petitioners herein, in execution of the decree was dismissed by the lower Court, is under challenge.

(2.) PRELIMINARY decree in a suit for partition had been drawn on 18.09.1984. Appeal against the same was dismissed. Merely because the application for passing final decree was instituted on 03.08.2012 i.e. after a considerable delay, is no ground to stall proceedings in the execution petition for drawing a final decree as no limitation has been provided for drawing a final decree in terms of Order XX Rule18 CPC.

(3.) THE learned appellate Court has summed up the entire factual matrix as also the law on the point with precision and clarity. Reference has also been made to Naresh Kumar Vs. Smt.Kailash Devi, 1999 1 LJR 449. Objection of the petitioners that application for drawing final decree was barred by limitation has thus rightly been held to be devoid of any merit.