BASAVANTAPPA versus GANGADHAR NARAYAN DHARWADKAR & ANR.

BASAVANTAPPA versus GANGADHAR NARAYAN DHARWADKAR & ANR.

Since the judgment-debtor deposited the decretal amount together with 5% of purchase money and made the application under Order XXI, Rule 89 within sixty days as provided by Article 127 of the Limitation Act, the sale is liable to be set aside.

Parties
Petitioner: BASAVANTAPPA; Respondent: GANGADHAR NARAYAN DHARWADKAR; Respondent: ANR.
Jurisdiction
India
Judgment Date
10 September 1986
Procedural Posture
Special Leave Petition / Supreme Court Decision on SLP
Outcome
Petition dismissed
Legal Topics
Execution of Decrees, Judicial Sale, Limitation Period for Setting Aside Sale
Civil Procedure Execution of Decrees Judicial Sale Limitation Period for Setting Aside Sale

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Parties

BASAVANTAPPA

Petitioner

GANGADHAR NARAYAN DHARWADKAR

Respondent

ANR.

Respondent

Procedural Posture

Special Leave Petition / Supreme Court Decision on SLP

Legal Issues

  1. 1 Whether application and deposit for setting aside a sale in execution under Order XXI, Rule 89 CPC must be made within 30 or 60 days in light of amended Limitation Act Article 127.
  2. 2 Whether sub-rule (2) of Rule 92 of Order XXI CPC needs amendment for consistency with Limitation Act Article 127.

Ratio Decidendi

Since the judgment-debtor deposited the decretal amount together with 5% of purchase money and made the application under Order XXI, Rule 89 within sixty days as provided by Article 127 of the Limitation Act, the sale is liable to be set aside.

Court Disposition

Petition dismissed

Orders

  • Special leave petition is dismissed.