BABULAL AND ORS. Vs. BIKU MAHTO

JUDGEMENT

(1.) Heard Mr. R.K.P. Singh, the learned counsel for the petitioners and Mr. Hare Krishana Kumar, the learned counsel for the opposite party.

(2.) Assailing the order dated 18.04.2013 passed in Execution Case No. 01 of 2012 rejecting the objection by the petitioners to dismiss the execution case as barred by limitation, the petitioners have preferred this revision application.

(3.) In order to appreciate the contentions raised by the learned counsel for the parties, it would be fruitful to briefly notice the history of the present litigation. The title suit for partition was filed in the year 1973 and a preliminary decree for partition was passed on 13.09.1977. Thereafter, the proceeding for preparation of final decree was initiated and ultimately the final decree was passed on 18.12.1987. The judgment debtor-petitioners filed F.A. No. 69 of 1988 before this Court against the final decree. The First Appeal No. 69 of 1988 came to be dismissed on merits on 21.09.2010. Thereafter, the decree-holder filed Execution Case No. 01 of 2012 praying for execution of the final decree.