MANOHAR S/O SHANKAR NALE AND ORS. versus JAIPALSING S/O SHIVLALSING RAJPUT AND ORS.

MANOHAR S/O SHANKAR NALE AND ORS. versus JAIPALSING S/O SHIVLALSING RAJPUT AND ORS.

The execution petition was barred by limitation as the possession decree became enforceable immediately upon passing; neither the review proceedings nor the Supreme Court stay order affected the limitation period; doctrine of merger is inapplicable as review petition was dismissed.

Parties
Appellants: Manohar s/o Shankar Nale and Ors.; Respondents: Jaipalsing s/o Shivlalsing Rajput and Ors.
Jurisdiction
India
Judgment Date
20 November 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Affirming Executing Court Order
Outcome
Appeal allowed
Legal Topics
Execution of Decree, Limitation for Execution, Doctrine of Merger, Mesne Profits
Civil Procedure Limitation Execution of Decree Limitation for Execution Doctrine of Merger Mesne Profits

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Parties

Manohar s/o Shankar Nale and Ors.

Appellants

Jaipalsing s/o Shivlalsing Rajput and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Affirming Executing Court Order

Legal Issues

  1. 1 Whether execution petition for possession decree was within limitation under Article 136 of Limitation Act, 1963
  2. 2 Whether stay order and review proceedings affected limitation period
  3. 3 Applicability of doctrine of merger after review petition dismissal

Ratio Decidendi

The execution petition was barred by limitation as the possession decree became enforceable immediately upon passing; neither the review proceedings nor the Supreme Court stay order affected the limitation period; doctrine of merger is inapplicable as review petition was dismissed.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court set aside
  • Execution petition held barred by limitation