ANNAPURNA versus MALLIKARJUN & ANR.

ANNAPURNA versus MALLIKARJUN & ANR.

Deposit of the required amount within 60 days is a sine qua non for an application to set aside sale under Order XXI Rule 89 CPC. Failure to make such deposit within the limitation period compels the court to dismiss the application, and reconsideration cannot be ordered even if deposit is made later on the writ court’s direction.

Parties
Appellant: Annapurna; Respondent No.1 (judgment Debtor): Mallikarjun; Respondent No.2: Unknown (Anr.)
Jurisdiction
India
Judgment Date
11 April 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Allowing Writ Petition in Execution Proceedings
Outcome
Appeal allowed. Judgment under appeal set aside.
Legal Topics
Execution of Decrees, Setting Aside Court Sale, Limitation Periods
Civil Procedure Execution of Decrees Setting Aside Court Sale Limitation Periods

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Parties

Annapurna

Appellant

Mallikarjun

Respondent No.1 (judgment Debtor)

Unknown (Anr.)

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Allowing Writ Petition in Execution Proceedings

Legal Issues

  1. 1 Whether deposit of the requisite amount as per Order XXI Rule 89 CPC must be made within the prescribed 60-day limitation period set by Article 127 of the Limitation Act, 1963, and whether failure to deposit within this period is fatal to such application.

Ratio Decidendi

Deposit of the required amount within 60 days is a sine qua non for an application to set aside sale under Order XXI Rule 89 CPC. Failure to make such deposit within the limitation period compels the court to dismiss the application, and reconsideration cannot be ordered even if deposit is made later on the writ court’s direction.

Court Disposition

Appeal allowed. Judgment under appeal set aside.

Orders

  • Cost of Rs.10,000 to be paid by Respondent No.1 to the Appellant.