S.B. CIVIL REVISION PETITION NO.86/2013 Ganga Ram
Vs.
Prabhu Lal
Date of Judgment 27th April, 2013 PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Arvind Samdariya, for the petitioner. ----
BY THE COURT:
Heard learned counsel for the petitioner. The present revision petition arises from the order dated 18.04.2013 passed by the executing court, whereby, the application filed by the petitioner - judgment debtor for dismissal of the execution proceedings as time barred has been rejected and the Court has straightaway ordered for issuing warrant under Order XXI, Rule 35 CPC.
The case of the petitioner is that the so called offending construction was existing at the time of passing of the decree on 02.12.1985, which has been noticed at page 2 of the judgment and a specific decree in the following terms was passed:- "यद उक स ल पर पत व द र क ई त र ण क य कर ललय गय ह पत व उस सवय हट ल अ व पत व क वयय पर व उक अव"ध त र ण क हट सक ह" ।"
As such, the execution proceedings for removal of the said construction on 02.03.2013 were barred by limitation. 2
From the perusal of the order impugned, it is apparent that the trial court has rejected the application for dismissing the execution proceedings and has thereafter straightaway ordered for issuance of warrant under Order
