...applications under Order 21, rule 97 of the Code, will operate independently as and when the resistence is offered The articles of the limitation act are to be strictly construed and while interpreting it...supra) and hold that the starting point for the purpose of computing limitation under Article 167 of the Limitation Act of 1908 and under Article 129 of the Limitation ...provisions of Article 167 of the Limitation Act, 1908, the Court dismissed the same. 2. As far as the aspect of good faith and entitlement in their own...

...Article 129 of the Limitation Act, 1963 it has been specifically provided that an application made for possession after removing resistance to delivery of possession of immovable...provision of the law of limitation was a mere technicality.The provision of Section 5 of the said Act specifically excludes extension of the time prescribed for any application made...This application under Article 227 of the Constitution of India is at the instance of a Judgment-Debtor...

...filing of Miscellaneous Application No. 156 of 1965. The learned trial Judge dismissed this application on the ground that it was barred by limitation under Article 129 of the Indian Limitation Act, ...the Limitation Act of 1908 corresponds now to Article 129 of the Limitation Act of 1963. In so expressing itself, the Full Bench dissented from the dec...he can make an application under Order 21, Rule 97 every time he is obstructed or resisted. (5) Article 167 of the Limitation Act of 1908 (corresponding to ...

...possession, does not, in his view, involve that the obstruction is a fresh obstruction.5. Article 167 in the Limitation Act of 1908 corresponds to Art. 129 of the Limitation Act of ...Article 129 of the Limitation Act of 1963 does is to bar the making of an application about the resistance or obstruction which was made more than 30 days ago. If a second...he can make an application under O. 21, R. 97 every time he is obstructed or resisted.(5) Article 167 of the Limitation Act of 1908 (corresponding to Art. 129 of the Limitation Act...

...of this Court to the provisions of Article 129 of the Limitation Act, 1963, would submit that the plaintiff/decree holder was obliged to file the application for police help, if at all, within 30...of Civil Procedure had been filed belatedly beyond the time prescribed under Article 129 of the Limitation Act, 1963. Secondly, the petitioners argue that the bailiff/process server had never visited...limitation as provided in Article 129 of the Limitation Act would not start to run. Rule 208 of the Civil Rules and Orders sanctions grant of police help even before specific obstruction. In view thereof, ...

...?(f) When the Petition to remove the obstruction has to be filed within a period of 30 days from the date of obstruction, as per Article 129 of the Limitation Act, 1963,...after the date of passing of the decree and therefore, the Execution Petition is barred by time.5. The learned Counsel further submitted that as per Article 129 of the Limitation Act, 1963 ...?(c) When the decree dated 10.2.1982 has to be executed within a period of 12 years as per Article 136 of the Limitation Act, 1963, whether the Execution Petition...

...the petition dated the 13th of July, 1972 is concerned it cannot be disputed that the application has been filed beyond the period prescribed in Article 129 of the Indian Limitation Act, ...application dated the 13th July, 1972. The court below has held that although the application aforesaid is barred by time under Article 129 of the Indian Limitation Act the...provisions of re-enacted Limitation Act namely Section 5 of the Indian Limitation Act, 1963. The difficulty of the decree-...

... 129 of the Limitation Act, 1963, which fixes an outer limit of 30 days to file a removal of obstruction petition. The period commences from the date of obst...or she may move an application within 30 days from the date of such obstruction under Order 21 Rule 97 of CPC. This is clear by virtue of Article 4/8...

...removal of obstruction. The District Munsif dismissed the application filed under Order 21 rule 97 as barred by limitation under Article 129 of the schedule to the Indian Limitation Act, 1963. On ...preliminary decree came to be passed by the City Civil Court on 17.01.1997. Thereafter, the bank initiated proceedings under SARFAESI Act and the property was sold in the public auction conducted by the..., who are purchasers under the SARFAESI Act and sought for delivery of possession.5. Upon notice, the respondents are objecting to the execution of the decree on the following grounds...

...resistance or obstruction under Article 129 of the Limitation Act, 1963. It therefore becomes clear that remedy which is provided to a holder of decree for possession of...Order 21 is clear to the extent that even an Executing Court cannot act suo motu. Sub-rule (2) of Rule 97, Order 21 makes it further clear that the Court shall...the decree and is subject to an appeal. The period of limitation to an application complaining of resistance or obstruction to delivery of possession of immovable property is 30 days from the date of...

...Article 129 of the Limitation Act, 1963. This decision of the trial court was confirmed in appeal by the lower appellate court. It is against this that the 1st defendant-decree...”.2. After hearing the case at some length on 13-2-1987, I had doubts about the maintainability of the suit (instituted after the C.P.C Amendment Act, 104/1976 had...site under S. 106 of the Kerala Land Reforms Act was also raised during the course of arguments. Counsel for the respondents was granted time till 16-2-1987 to answer these...

... 1908 complaining such resistance and obstruction raised by the obstructionists. Learned counsel also placed reliance on Article 129 of the Schedule to the Limitation...application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 ought to have filed within 30 days under Article 129 of the Schedule to the Limitation Act, 1963 is concerned, in my view, since the..., in this situation, Article 129 of the Schedule to the Limitation Act, 1963 would not be attracted. 25. In so far as the last submission made by Mrs.Neeta Karnik...

... 1908 complaining such resistance and obstruction raised by the obstructionists. Learned counsel also placed reliance on Article 129 of the Schedule to the Limitation...application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 ought to have filed within 30 days under Article 129 of the Schedule to the Limitation Act, 1963 is concerned, in my view, since the..., in this situation, Article 129 of the Schedule to the Limitation Act, 1963 would not be attracted. 25. In so far as the last submission made by Mrs.Neeta Karnik...

...also placed reliance on Article 129 of the Schedule to the Limitation Act, 1963 and would submit that since the application for possession was to be made by the decree...ought to have filed within 30 days under Article 129 of the Schedule to the Limitation Act, 1963 is concerned, in my view, since the application filed by the obstructionists...situation, Article 129 of the Schedule to the Limitation Act, 1963 would not be attracted.25. Insofar as the last submission made by Mrs. Neeta Karnik, learned...

...counsel for the obstructionists that the application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 ought to have filed within 30 days under Article 129 of the Schedule to the Limitation Act, ...Civil Procedure, 1908 and were tried as suit, in this situation, Article 129 of the Schedule to the Limitation Act, 1963 would not be attracted. 25. In so far as...129 of the Schedule to the Limitation Act, 1963 and would submit that since the application for possession was to be made by the decree holders within 30 days from the date of such resistance or...

...counsel for the obstructionists that the application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 ought to have filed within 30 days under Article 129 of the Schedule to the Limitation Act, ...Civil Procedure, 1908 and were tried as suit, in this situation, Article 129 of the Schedule to the Limitation Act, 1963 would not be attracted. 25. In so far as...129 of the Schedule to the Limitation Act, 1963 and would submit that since the application for possession was to be made by the decree holders within 30 days from the date of such resistance or...

...counsel for the obstructionists that the application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 ought to have filed within 30 days under Article 129 of the Schedule to the Limitation Act, ...Civil Procedure, 1908 and were tried as suit, in this situation, Article 129 of the Schedule to the Limitation Act, 1963 would not be attracted. 25. In so far as...129 of the Schedule to the Limitation Act, 1963 and would submit that since the application for possession was to be made by the decree holders within 30 days from the date of such resistance or...

...plaintiffs) did not succeed in proving their title in respect of Survey No. 129/55.13. It was also urged that the suit was barred by limitation under Article 65 of the...Limitation Act, 1963 and the High Court should have held that the appellants had perfected their title by way of adverse possession and even on the ground of equity no decree for possession can be passed in...records, are discussed hereinbelow.2. As asserted by the appellants, the suit land (Original Suit No. 164 of 1976) falls under Survey No. 129/64. Respondents 1, 2 and 3 were...

...Article 129 of the Limitation Act 1963 is between the Court and the decree holder and the judgment debtor cannot take such benefit of his own wrong. As Courts have power to condone delay with regard...application is time barred in view of Article 129 of the Limitation Act. Article 129 of the Limitation Act lays down that an application for possession after removing resistance .... Arguments of the opposite party no-1. 9. Learned Advocate for the opposite party no-1 submits that it is now well-settled that Article 129 of the Limitation...