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Issues: Whether the execution application for delivery of possession was barred by limitation under Article 136 of the Limitation Act, or whether limitation commenced only when the decree for possession became enforceable after execution and registration of the sale deed.
Analysis: Article 136 prescribes twelve years for execution of a decree or order of a civil court, running from the date when the decree becomes enforceable. Where the decree itself makes entitlement to possession contingent upon execution and registration of the sale deed, the decree for possession does not become enforceable until that event occurs. Successive execution applications filed within the statutory period cannot be rejected on a technical reading that defeats the decree-holder's right to reap the fruits of the decree. On the facts, the sale deed was executed in 1984 and the application for possession was filed in 1994, within twelve years.
Conclusion: The execution application was within limitation and was not barred under Article 136 of the Limitation Act.