Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3974 of 2018 Petitioner :- Pataru Respondent :- Ramratan And 11 Others Counsel for Petitioner :- Avadhesh Singh,Rahul Mishra Counsel for Respondent :- Ram Niwas Singh,Mayank Krishna S Chandel,Vinod Kumar Chandel
Hon'ble Vivek Kumar Birla,J.
Heard Sri Rahul Mishra, learned counsel for the petitioner and Sri V.K. Chandel, learned counsel appearing for the respondents no. 1 to 3, the plaintiff decree holder.
Present petition has been filed seeking setting aside the impugned order dated 9.5.2018 passed by the District & Sessions Judge, Azamgarh in Civil Revision No. 82 of 2017, Pataru & another Vs. Ramratan & others, arising out of order dated 7.2.2017 passed by the Executing Court of Civil Judge (Junior Division), City, Azamgarh.
By the order dated 7.2.2017 the objection filed by the defendant petitioner herein under Section 47 CPC was rejected and the revision filed against the same was also rejected by the impugned order dated 9.5.2018.
Submission of learned counsel for the petitioner is that the decree was put to execution after 28 years whereas it could have been executed within a period of 12 years and therefore, the execution proceedings were not maintainable.
Per-contra, learned counsel appearing for the respondents no. 1 to 3 submitted that the suit for prohibitory injunction was decreed and there is no limitation provided for execution of the decree of prohibitory injunction. He has placed before this Court Article 136 of the Schedule to the Limitation Act.
Learned counsel for the petitioner could not dispute the aforesaid legal position.
This petition is devoid of merit and is, accordingly, dismissed. No order as to costs.
Order Date :- 29.5.2018 p.s.