VidhiSangh

Supreme Court of India · 14/10/2024

RENJITH K.G. & OTHERS versus SHEEBA

[2024] 10 S.C.R. 1359 · 2024 INSC 773

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Summary

The Supreme Court upheld a remand of re-delivery applications under Order XXI Rule 99 CPC. A stranger to a partition decree, including a pendente lite transferee who was not impleaded, may apply under that rule after being dispossessed in execution. Time to execute a partition decree under Article 136 of the Limitation Act runs from the date of the final decree, not from its later engrossment on stamp paper.

Issues

  1. Whether a pendente lite transferee who was not a party to the suit and was dispossessed in execution can apply for re-delivery under Order XXI Rule 99 CPC.
  2. Whether limitation for executing a partition decree under Article 136 of the Limitation Act runs from the date of the final decree or from its engrossment on stamp paper.
  3. Whether the High Court was right to set aside the dismissal of the re-delivery and damages applications and remand the matter.

Provisions considered

Held

Result

Civil appeals dismissed; High Court's remand to the trial court upheld; appellants free to raise all available contentions before the trial court.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1359.