Limitation – Execution of Decree – Article 182(3), Limitation Act, 1908 – “Review” must be undertaken and decided – Application under Section 36, Bengal Money-Lenders Act dismissed for default – No review “undertaken” or “decision passed on the review” – Time not extended – Held: Art. 182(3) inapplicable [Paras 3-4].

Limitation – Article 182(2) – “Where there has been an appeal” – Must relate to the decree under execution – Appeal from dismissal under Order IX Rule 9 CPC in collateral Section 36 proceeding does not qualify – No extension of limitation – Held: Art. 182(2) inapplicable [Para 5].

Execution – Starting Point of Limitation – Application filed more than three years after final decree – Not saved by collateral proceedings or dismissed applications – Decree time-barred [Paras 2-3, 4-5].

Decision – Appeal Dismissed – High Court upheld – Execution held barred by limitation; no costs interference warranted [Paras 6-7].

Cooperative Society Disputes – Executability of Decree – Plot Allotment – Merger/Identity – Constructions – Supreme Court upholds High Court’s refusal to treat decree as inexecutable – Photograph shows substantial open land; only a covered passage overlies Plot 5A – Passage directed to be removed and Plot 5A allotted with vacant possession – Intervening shop owners on Plots 4 & 4A protected – Appeals disposed of with directions [Paras 3.4–3.6, 7–13].

Cooperative Court Award – History of Proceedings – Member obtained award (31.03.2000) directing allotment of Plot 5A; Cooperative Appellate Court dismissed appeal (20.04.2002); High Court in W.P. No. 4441/2002 granted liberty to raise executability objections before the executing court (07.10.2006) [Paras 3.1–3.3].

Execution – Inexecutability Plea – Loss of Identity/Merger – The society’s objection that Plot 5A had merged with Plots 4 & 4A and that constructions/approvals made decree impossible was initially accepted by the executing court (27.04.2011) but reversed in appeal (16.10.2015) [Paras 3.4–3.5].

Execution – Appellate Findings – Objection untenable as (i) merger plea not raised before Cooperative fora; (ii) no competent approval of merger; (iii) constructions unauthorised; (iv) illegal structures liable to demolition and vacant possession of Plot 5A to be given [Para 3.5].

Civil Revision – High Court – Dismissal with Costs – High Court concurred with appellate court; dismissed revision with Rs 25,000 costs; conduct found frivolous/malicious [Paras 3.6–3.7].

Interventions – Third-Party Appeals/Applications – SLPs by a shop owner and intervention by other shop owners/members noted [Para 3.8].

Evidence/Fact Appreciation – Photograph – Court finds substantial portion open; only a covered passage over Plot 5A; its existence/nature undisputed; passage not integral to main building and to be removed; thereafter Plot 5A to be allotted and vacant possession handed to decree-holder [Paras 11–12].

Relief – Protection to Non-Parties – Intervening shop owners on Plots 4 & 4A unaffected; their occupation and enjoyment to remain undisturbed [Para 13].

Decision: Civil Appeals disposed of with directions; intervention applications rejected; no interference with High Court order [Para 14].