- (1.) Leave granted.
(2.) Interpretation and/or application of Section 14 of the Limitation Act, 1963 (for short, 'the Act ) is in question in this appeal. It arises out of a judgment and order dated 13.11.2008 passed by a learned Single Judge of the High Court of Judicature at Kerala at Ernakulam in IA No. 1895 in CRP No. 593 of 2008(B) dismissing the said application as barred by limitation.
(3.) The basic fact of the matter is not in dispute. First Respondent obtained a decree in a suit filed in the court of Munsif, Trivandrum being Original Suit No. 150 of 1965, wherein it was directed: It is hereby decreed that the plaintiff is entitled for a declaration of title and possession over the plaint schedule property; and it is directed that the wooden hut placed by the Defendant No. 1 be removed by him at his expense, failing which the Court shall remove the same and deliver possession of the property to the Plaintiff. The plaintiff is entitled to mesne profits at the rate of Rs. 50/- from the date of suit till delivery of possession. The description of the property in the said decree was as under: 8 cents of property with trees, building, well and a bunk (mobile hut) and all appurtenants thereto in Survey 365 described in Pandara Otti Partition Deed (marked Vol-II Plan)", situated in Chengazhassery Village, Trivandrum. The said decree was put in execution by Fanuval Stephen, the Decree holder in Original Suit No. 150 of 1965 being Execution Petition No. 705 of 1977. Fanuval Stephen died on or about 28.3.1985. Respondent Nos. 1 to 5 herein, being his heirs and legal representatives, were impleaded as additional decree holder Nos. 2 to 6 therein. The said execution petition was dismissed by an order dated 8.7.1996.;