EP filed for Execution of sale deed - sale deed Executed - EP closed - Second EP filed for delivery of possession after 12 years - not barred by limitation.

CDJ 2021 MHC 1005							N.Karunamoorthy Versus V. Mathiazhagan
far as E.P.No.55 of 2005 is concerned, the occupant of the suit property has refused to vacate and under those circumstances, the decree-holder filed the execution proceeding for handing over the possession pursuant to the sale deed executed by the Court in E.P.No. 5 of 1998. Therefore, the subsequent execution proceeding, cannot be construed as the execution proceeding filed pursuant to the decree and in fact, the said execution proceedings was filed on account of the fact that the occupant of the said property has not been handed over the possession and, therefore, the execution proceeding was filed for securing the possession of the suit Property