Article 136 of the Limitation Act, 1963 (for short 'the Act') prescribes a period of twelve years for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. It provides that the period would commence when the decree or order becomes enforceable.

2) Where a decree or order is appealed from or sought to be revised or reviewed, or when an application is made for leave to appeal from a decree or order the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded

No the limitation act wont effect you as you were in litigation and under section 5 limitation act your delay shall be condoned for reason being you were in bone fide litigation so it wont be struck by the limitation act.

the limitation of the 2nd compromise decree shall be counted from date passed but the litigation period can be excluded.

After a decree is out into execution within the period of limitation under Article 136, questions relating to execution, discharge or satisfaction of the decree may arise and such questions including the question as to the delivery of possession shall be determined by the executing court. Article 136 of the Limitation Act is the proper Article which prescribes the period of limitation for an application to execute cither a decree or an order passed by a Civil Court.

You may explain and convince the court that how this is brought under within the limitation of referred article 136 of the limitation act.

Dear Client,

Limitation for execution is same for 2nd decree from the date it becomes non performed.

And very recently Supreme Court in one such case has decline the excuse of WRONG FORUM LITIGATION.

So, Execution and application for condonation of delay should be drafted with due diligent & legal expertise.

SC ‘Admires’ Stamina of ‘Chronic Litigants’, Imposes Costs Of Rs. 50, 000 [Read Judgment]...

Read more at: http://www.livelaw.in/sc-admires-stamina-chronic-litigants-imposes-costs-rs-50-000-read-judgment/

"Section 14

14. Exclusion of time of proceeding bonafide in court without jurisdiction.

(1) In computing the period of limitation for any suit the time during which

the plaintiff has been prosecuting with due diligence another civil

proceeding, whether in a court of first instance or of appeal or revision,

against the defendant shall be excluded, where the proceeding relates to

the same matter in issue and is prosecuted in good faith in a court which,

from defect of jurisdiction or other cause of a like nature, is unable to

entertain it.

(2) In computing the period of limitation for any application, the time during

which the applicant has been prosecuting with due diligence another civil

proceeding, whether in a court of first instance or of appeal or revision,

against the same party for the same relief shall be excluded, where such

proceeding is prosecuted in good faith in a court which, from defect of

jurisdiction or other cause of a like nature, is unable to entertain it.

(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code

of Civil Procedure, 1908 (5 of 1908 ), the provisions of sub- section (1) shall

apply in relation to a fresh suit instituted on permission granted by the court

under rule 1 of that Order, where such permission is granted on the ground

that the first suit must fail by reason of a defect in the jurisdiction of the court

or other cause of a like nature."

You have to file the affidavit and pray for condonation of dealy on ground that the delay has occurred due to ongoing litigation which was under wrong jurisdiction bone fidely.

Refer section 14 limitation act

article 14.

If you rely upon the the unsuccessful legal proceedings which led you all these years without any fruitful result, you may annexe the certified copies of all those relevant documents to claim exemption from the effects of applicability of the limitation act .

You can mention the chronological events from day one till the end to establish that there was no delay in approaching the court for the proper remedy and relief hence you are not late to aproach this court, at last.

If the said compromise is subject matter of same litigation then you can't. If not then you can exercise the lower court remedy.

Dear Sir,

Limitation does not apply in your case as there is continuous litigation as such it will save limitation.

Hello,

Refer to the following judgment:

M. P. Steel Corporation vs. Commissioner of Central Excise; (2015) 7 SCC 58.

Wherein it has been held that:

"the time during which the applicant has been prosecuting with due diligence another civil proceeding shall be excluded while computing the period of limitation if the applicant has approached another forum with regards to the same grievance"

Let me know if some further assistance is required