RENJITH K.G. & OTHERS versus SHEEBA

RENJITH K.G. & OTHERS versus SHEEBA

A person who is not a party to the suit (including a pendente lite transferee/stranger) and is dispossessed in execution of a decree can file an application under Order XXI Rule 99 CPC to seek re-delivery and have his independent right, title and interest adjudicated under Order XXI Rule 101; further, for a partition decree limitation for execution runs from the date of the final decree and not from the date of engrossment on stamp paper; accordingly the High Court rightly set aside the execution order and remanded the matter to the trial court for fresh consideration.

Parties
Appellants: Renjith K.G. & Others; Respondent: Sheeba
Jurisdiction
India
Judgment Date
14 October 2024
Procedural Posture
Civil Appeal / Appeal to Supreme Court; Final Judgment
Outcome
Appeals dismissed
Legal Topics
Order XXI Rule 99 CPC, Pendente Lite Transferee, Stranger to the Suit, Execution of Decree, Limitation for Execution of Partition Decree
Civil Procedure Property Law Limitation Order XXI Rule 99 CPC Pendente Lite Transferee Stranger to the Suit Execution of Decree Limitation for Execution of Partition Decree

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Parties

Renjith K.G. & Others

Appellants

Sheeba

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court; Final Judgment

Legal Issues

  1. 1 Whether a pendente lite transferee/stranger to the suit can file an application under Order XXI Rule 99 CPC after dispossession
  2. 2 Whether the execution petition for delivery of possession was time-barred (limitation) and when limitation begins to run for a partition decree

Ratio Decidendi

A person who is not a party to the suit (including a pendente lite transferee/stranger) and is dispossessed in execution of a decree can file an application under Order XXI Rule 99 CPC to seek re-delivery and have his independent right, title and interest adjudicated under Order XXI Rule 101; further, for a partition decree limitation for execution runs from the date of the final decree and not from the date of engrossment on stamp paper; accordingly the High Court rightly set aside the execution order and remanded the matter to the trial court for fresh consideration.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Judgment and order of the High Court dated 11.11.2011 upheld insofar as it set aside the execution order and remanded the matter to the trial court for fresh consideration