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The Supreme Court held that an execution petition filed within 12 years of the high court judgment affirming the trial court would not be barred by limitation.
In this case a suit was filed by the landlord against the tenant. In 2006 when the landlord filed the execution petition after the decree was affirmed by the high court in 2003, the tenant took an objection it has barred the 12 years limitation from the date of judgment of trial court dated 14.08.1981.
The bench of Justice NV Ramana and Justice Mohan M Shantanagoudar stated that a decree within the meaning of section2 (2) of the CPC would be enforceable irrespective of whether it is passes by the trial court, the first appellate or the second appellate court.
In the instant case the bench states that as the judgment was passed of trial court affirmed by first appellate court and then the second appellant court the decree of high court becomes enforceable keeping in view the doctrine of merger.
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