Civil Revision No. 5395 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5395 of 2009 Date of decision: 22.4.2010 Om Parkash ...Petitioner Versus Yash Pal and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. V.K.Bali, Advocate for the petitioner Mr.Vikram Singh, Advocate for the respondents. S.D.ANAND, J. An execution application filed by the petitioner herein came to be negatived by the learned Executing Court on a preliminary finding i.e. it is time barred. It is apparent, from the impugned order itself, that the adjudicatory exercise in the relevant litigation went up to the Apex Court and the matter was ultimately decided by the Apex Court on 14.8.2001. In view of the law laid down by the Apex Court in Lakshmi Narayan Guin and others Vs. Niranjan Modak (1985) 1 Supreme Court Cases 270, it is apparent that an executable decree would come into being only with the disposal of the matter by the final Court of adjudication which, in this case, came about on 14.8.2001. Civil Revision No. 5395 of 2009 -2- **** In terms of provisions of Limitation Act, an execution application can be filed within 12 years of the final adjudication. In this case, the final adjudication came about on 14.8.2001; while the execution application filed within six years thereafter. In the light of foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Court shall proceed to dispose of execution application on merits thereof. The parties, through their learned counsel, are directed to appear before the learned Executing Court on 10.5.2010. Disposed of accordingly. April 22, 2010 (S.D.Anand) Pka Judge