Case Note & Summary
The case involves a revision petition filed under Section 115 of the Code of Civil Procedure, 1908, challenging an order of the executing court dismissing Execution Petition No.811/2002 as barred by limitation. The petitioner, V Anjaneya Reddy, was a claimant in a land acquisition matter. The reference court had passed a judgment and award in LAC No.467/1983 on 31.07.1985, awarding a sum of Rs.23,611.00. The petitioner filed three earlier execution petitions: E.P.No.162/1986 (disposed on 19.03.1986), E.P.No.1127/1991 (disposed on 22.03.1993), and E.P.No.620/1993 (disposed on 27.06.1997). The present execution petition, the fourth one, was filed on 09.04.2002. The respondents, the Special Additional Land Acquisition Officer and the Chairman of the Bangalore Development Authority, objected on the ground of limitation. The executing court dismissed the petition as time-barred. The petitioner argued that limitation should run from the closure of the last execution petition on 27.06.1997, or alternatively, from the dismissal of the appeal in MFA No.2465/1986 on 21.06.1991. The court examined Article 136 of the Limitation Act, 1963, which provides a twelve-year period for execution of a decree from the date it becomes enforceable. The court noted that the decree becomes enforceable only after the disposal of any appeal. Since the appeal was dismissed on 21.06.1991, the limitation period started from that date. The execution petition filed on 09.04.2002 was within twelve years from 21.06.1991. The court also held that the filing of earlier execution petitions and part payments do not extend the limitation period beyond twelve years from the date the decree becomes enforceable. The court allowed the revision petition, set aside the executing court's order, and directed the executing court to proceed with the execution petition in accordance with law.
Headnote
A) Limitation Act - Execution of Decree - Article 136 - Period of Limitation - The period of limitation for execution of a decree is twelve years from the date the decree becomes enforceable. Where an appeal is filed against the decree, the decree becomes enforceable only after the disposal of the appeal. In this case, the appeal was dismissed on 21.06.1991, and the execution petition filed on 09.04.2002 is within twelve years from that date. (Paras 7-9) B) Limitation Act - Execution of Decree - Earlier Execution Petitions - Effect on Limitation - The filing of earlier execution petitions and part payments do not extend the limitation period beyond twelve years from the date the decree becomes enforceable. The limitation period is not renewed by each execution petition. (Paras 5-6) C) Limitation Act - Article 136 - Starting Point - Appeal - The time from which the period begins to run is when the decree or order becomes enforceable. If an appeal is filed, the decree is not enforceable until the appeal is disposed of. Therefore, limitation starts from the date of disposal of the appeal. (Para 8)
Issue of Consideration
Whether the execution petition filed on 09.04.2002 is barred by limitation under Article 136 of the Limitation Act, 1963, considering the earlier execution petitions and the pendency of an appeal.
Final Decision
The revision petition is allowed. The impugned order dated 21.04.2011 passed by the Second Additional City Civil Judge, Bangalore in Ex.No.811/2002 is set aside. The executing court is directed to proceed with the execution petition in accordance with law.
Law Points
- Limitation Act
- 1963
- Article 136
- Execution of decree
- Period of limitation
- Starting point of limitation
- Appeal effect on limitation
