UNITED FINANCE CORPORATION versus M.S.M. HANEEFA

UNITED FINANCE CORPORATION versus M.S.M. HANEEFA

The application for delivery of possession under Order XXI Rule 95 CPC, filed by the auction purchaser, is within limitation as the sale becomes absolute only after all proceedings challenging the sale, including the revision, are disposed of. The High Court erred in holding the application barred by limitation, as the revision delayed the absolute status of the sale.

Parties
Appellant: United Finance Corporation; Respondent: M.S.M. Haneefa
Jurisdiction
India
Judgment Date
11 January 2017
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Execution of Decrees, Auction Sales, Limitation for Delivery of Possession
Civil Procedure Limitation Law Execution of Decrees Auction Sales Limitation for Delivery of Possession

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Parties

United Finance Corporation

Appellant

M.S.M. Haneefa

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the application for delivery of possession under Order XXI Rule 95 CPC was barred by limitation in view of Article 134 of the Limitation Act
  2. 2 When does a court auction sale become absolute for the purpose of limitation under Article 134 of the Limitation Act

Ratio Decidendi

The application for delivery of possession under Order XXI Rule 95 CPC, filed by the auction purchaser, is within limitation as the sale becomes absolute only after all proceedings challenging the sale, including the revision, are disposed of. The High Court erred in holding the application barred by limitation, as the revision delayed the absolute status of the sale.

Court Disposition

Appeal allowed

Orders

  • High Court order in CRP No.894 of 2005 is set aside
  • Executing Court to restore E.A.No.297/2003 in O.S.No.57/1985 and dispose of it in accordance with law