Writ Petition No.
The Appellants herein filed a writ petition before the High Court questioning the companyrectness of the said order.
The Respondents preferred Misc.
An application for execution of the decree was filed by the Respondents on 26.3.1997.
A final decree proceeding was thereafter initiated whereupon the final decree was prepared on 7.5.1968.
502 of 1968, the Appellants herein preferred a Second Appeal before the High Court which was marked as Second Appeal No.
Against the judgment and decree dated 4.1.1974 passed by the Appellate Court in Civil Appeal No.
A Second Appeal thereagainst was preferred by the Appellants which was allowed and the matter was remitted back to the Appellate Court for determining the merit of the appeal afresh.
502 of 1968.
The first Appellate Court again dismissed the appeal on 4.1.1974.
Hence this Appeal.
A formal decree pursuant thereto was drawn on 30.10.1986.
481 of 1974.
Contending that the said execution application is barred by limitation, the Appellants filed an application under Section 47 of the Code of Civil Procedure the Code which was dismissed by the Executing Court by an order dated 1.5.1999.
279 of 1968 was filed by the Respondents.
In the meanwhile, the said execution petition was dismissed, presumably because the Second Appeal filed by the Appellants was allowed.
On or about 6.8.1968 an execution case marked as Execution Case No.
Appeal No.
It was dismissed by an order dated 21.3.1969.
8954 of 2001.
The said appeal was dismissed by the High Court on 18.4.1985.
As against the said final decree, however, in the meanwhile a First Appeal had been filed which was marked as Civil Appeal No.
32 of 1999 against the order of Executing Court before the Additional District Session Judge, Hapur which was allowed holding that the said execution application was number barred by limitation.
FACTS A suit for partition was filed by the Respondents herein against the Appellants wherein a preliminary decree was passed on 25.4.1962.
B. SINHA, J INTRODUCTION What would be the date from which a decree becomes enforceable for execution thereof within the meaning of Article 136 of the Limitation Act, 1963 the Act is the question involved in this appeal which arises out of a judgment and decree dated 30th March, 2001 passed by the High Court of Judicature at Allahabad in Civil Misc.
