Selvamani v. Velmurugan

5. The learned Judge ordered attachment by rejecting the contention of the petitioners that the claim of the respondents is barred by limitation in view of the Article 136 of the Limitation Act, wherein 12 years period is prescribed for execution of the decree. The petitioners have not filed any appeal against the decree passed in I.A.No.1338 of 2000 and in the second appeal filed by the petitioners against the passing of final decree, this Court did not grant any stay.

6. Against the said order dated 22.01.2014 made in R.E.P.No.183 of 2010, the present Civil Revision Petition is filed by the petitioners.

7. Heard both sides and perused the materials available on record.

8. The learned counsel for the respondents submitted that S.A.No.248 of 2010 filed by the petitioners was dismissed by this Court vide judgment and decree dated 30.10.2014 reported in 2015(1) MWN (Civil) 739 (Selvamani and others v. Chellammal and others).

9. The learned counsel for the petitioners contended that the claim of the respondents is barred by limitation. The said contention has no merits in view of the fact that the preliminary decree and final decree has been passed. The petitioners have challenged the final decree by way of filing A.S.No.98 of 2004 and the said appeal was dismissed. Challenging the same, the petitioners filed S.A.No.248 of 2010 and this Court also dismissed the second appeal by the judgment and decree dated 30.10.2014. Further, the petitioners have not challenged the order passed in I.A.No.1338 of 2000 and the said order has become final.

10. In view of the above facts, R.E.P.No.183 of 2010 filed by the respondents is not barred by limitation as per the Article 136 of the Limitation Act. The learned Judge considering all the aspects in proper perspective rightly ordered attachment. In view of the dismissal of S.A.No.248 of 2010 filed by the petitioners, the Civil Revision Petition is liable to be dismissed.

11. In the result, the Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 20.10.2017 Index : Yes/No

V.M.VELUMANI, J. II Additional District Munsif Court, Salem. C.R.P.(NPD)No.2183 of 2014 & M.P.No.1 of 2014 20.10.2017