:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1106 OF 2008 PETITION NO.1106 OF 2008 PETITION NO.1106 OF 2008 Maruti Sakharam Kadam and Another ..Petitioners V/s Gopal Ram 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 holder has made an application under section 5 of the Limitation Act for condonation of delay in filing execution application. The decree is dated 14th March, 1980. The application for execution of the decree ought to have been filed within 12 years limitation period as provided in item 136 of Schedule to the Limitation Act, 1963. The petitioner accordingly sought an order from the Court to condone the delay. The said application has been rejected by the Trial Court on the ground that Section 5 of the Limitation Act cannot be invoked in view of the specific bar provided for applications under order XXI of CPC. :2: 2. I do not find any illegality or infirmity in the impugned order so as to set aside the same and no interference in the impugned order is warranted. It is also noted that the present petition itself is filed after a period of about 11 months from the date of the impugned order. 3. Writ petition shall stand dismissed. 4. The costs of Rs. 2000/- deposited by the petitioners is allowed to be withdrawn by the respondents as costs towards this petition. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)