UITAM NAMDEO MAHALE versus VITHAL DEO AND ORS.

UITAM NAMDEO MAHALE versus VITHAL DEO AND ORS.

Section 21 of the Mamlatdar's Court Act, 1906 does not provide for any limitation for execution of an ejectment order, and thus, no limitation applies; the order can be executed at any time and the general Limitation Act is excluded in this context.

Parties
Appellant: UITAM NAMDEO MAHALE; Respondents: VITHAL DEO AND ORS.
Jurisdiction
India
Judgment Date
07 May 1997
Procedural Posture
Civil Appeal / On Appeal From the Bombay High Court, Order on Writ Petition No. 6182 of 1996
Outcome
Appeal dismissed
Legal Topics
Limitation for Execution of Orders, Mamlatdar’s Court Act
Civil Procedure Limitation for Execution of Orders Mamlatdar’s Court Act

Case Brief

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Parties

UITAM NAMDEO MAHALE

Appellant

VITHAL DEO AND ORS.

Respondents

Procedural Posture

Civil Appeal / On Appeal From the Bombay High Court, Order on Writ Petition No. 6182 of 1996

Legal Issues

  1. 1 Whether there is any limitation prescribed for execution of an order of eviction under Section 21 of the Mamlatdar’s Court Act, 1906.
  2. 2 Whether general law of limitation under the Limitation Act, 1963 applies to execution of such orders.

Ratio Decidendi

Section 21 of the Mamlatdar's Court Act, 1906 does not provide for any limitation for execution of an ejectment order, and thus, no limitation applies; the order can be executed at any time and the general Limitation Act is excluded in this context.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.