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Judgment
D.V. Sehgal, J.—This judgment shall dispose of Civil Revision petitions Nos. 1691 of 1692 of 1986.
A decree for possession by way of pre-emption was passed by the trial Court in favour of the decree holder Respondent and against the judgment-debtor Petitioner on 4.10.1968. An appeal filed by the Petitioner against the same was dismissed on 19.3.1970. The Respondent filed an application for execution of the said decree on 28.3.1981. The Petitioner filed objections, inter-alia, to the effect that the execution application had been filed more than 12 years after the decree of the trial Court and, therefore, it is barred by time. These objections have been dismissed by the Executing Court vide order dated 15.4.1986. The present revision petitions are directed against the same.
The appeal of the Petitioner was dismissed by the trial Court on 19.3.1970. The decree of the trial Court merged in the decree of the Appellate Court. It is, thus, the decree passed by the Appellate Court which is to be executed. The execution application has been filed well within the period of limitation from the date of the decree of the Appellate Court. There is, therefore, no force in these revision petitions which are consequently dismissed. The parties are, however left to bear their own costs.
The learned Executing Court shall now proceed with the execution application in accordance with law.