SHANTI DEVI Vs. GURDAS RAM AND OTHERS

JUDGEMENT

(1.) This petition on behalf of the judgment-debtor is directed against the order of the executing Court dated 15th May, 1979, whereby the objection petition filed by the judgment-debtors was dismissed.

(2.) Earlier vide this Court's order dated 24th July, 1984 the delay in filing this petition was condoned.

(3.) Decree for mandatory injunction was passed on 26th April, 1967. Appeal filed on behalf of the defendants-judgment-debtors against the said decree was dismissed on 31st January, 1970. First Application for execution was filed on Ist March, 1972 which was dismissed on 7th August, 1974 in default when none of the parties was present. The present application for execution was filed on 31st January, 1976. On 29th September, 1978 one of the judgment debtors shrimati Bhagwati widow of Banwari Lal made a statement that they will demolish the constructed portion on the site in dispute, as per decree dated 26th April, 1967 within one month. After that they will not object to the removal of the said construction. Later on, objection petition was filed, in which it was pleaded that the execution application was barred by time. The executing Court came to the conclusion that on 29th September, 1978 Bhagwati had admitted the claim of the decree-holder and the acknowledgement would further extend the period of limitation. Moreover, when the previous execution proved to be pending upto 7th August, 1974, fresh period of limitation would start from that date, when it was dismissed in default, as none of the parties was present. Thus the present application filed on 31st January, 1976 was held to be within limitation.