IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1485 OF 2008 PETITION NO.1485 OF 2008 PETITION NO.1485 OF 2008 Maruti Sakharam Kadam and Another ..Petitioners V/s Gopal Ram Jadhav through his L/Rs Nathuram G. Jadhav ..Respondents. Mr. Rajesh B. Parab for the petitioners Mr.A.S. Pai for the respondents CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 6TH JUNE, 2008 : 6TH JUNE, 2008 : 6TH JUNE, 2008 P.C. 1. The decree was admittedly passed on 14th March, 1980 and the application for execution of the decree has been filed after a period of 15 years. The impugned order specifically records that the Court cannot condone the delay and limitation period provided under the law is 12 years as per item 136 of Schedule to the Limitation Act 1963. In my view, having rejected the Application of the petitioner for condonation of delay in filing the Application of the petitioner for execution of the decree, the Court need not have gone into the merits of the Application for execution of the decree as the same would not have survived. 2. Be that as it may, I find that the Application for execution has been rightly rejected by the trial Court and no interference in the impugned order is called for. It is further taken note of that the present writ petition itself is filed after a period of 11 months from the date of impugned order. 3. The writ petition is dismissed. 4. The costs of Rs. 2000/- deposited by the petitioner pursuant to the order dated 7th March, 2008, is allowed to be withdrawn by the respondent as costs towards this petition. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)