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Civil · Reportable judgment

Renjith K.G. & Others vs Sheeba

Court
Supreme Court of India
Date
14 October 2024
Case No.
Civil Appeal Nos. 8315-8316 of 2014
Result
Dismissed
Bench
Pankaj Mithal, R Mahadevan
Citation
[2024] 10 S.C.R. 1359 : 2024 INSC 773
Acts & Sections
CPC Limitation Act, 1963
Supreme Court Reports [2024] 10 S.C.R. 1359 : 2024 INSC 773
Issue for consideration
Whether a pendente lite transferee, a stranger to the suit can file application under Order XXI Rule 99, Code of Civil Procedure, 1908 seeking re-delivery after dispossession.
Headnote

Code of Civil Procedure, 1908 – Or.XXI, r.99 – Predecessor of the respondents, a pendente lite transferee was dispossessed from the property in execution of the decree passed in the suit, if could file application under Or. XXI, r.99 against dispossession: Held: Yes – Under Or.XXI, r.99, where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, or where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application complaining of such dispossession – A third party to the decree has a right to approach the Court even after dispossession of the immovable property, which he was occupying – Predecessor of the respondents not a party to the suit was dispossessed from the property in execution of the decree passed in the suit and therefore, he who is purported to be a stranger to the decree can adjudicate his claim of independent right, title and interest in the decretal property as per Or.XXI, r.99 – “any person” not a party to the suit or a stranger to the suit can seek re-delivery after being dispossessed – The term “stranger” would cover within its ambit, a pendente lite transferee, who has not been impleaded – Once an application under Or.XXI, r.99 is filed, it is incumbent upon the Trial Court to consider all the rival claims including the right, title and interest of the parties under Or.21, r.101 – High Court rightly set aside the order passed in the execution petition and remanded the matter to the trial court for fresh consideration leaving all the issues including the independent right, title or interest claimed by the respondents in the property in question, to be adjudicated – No illegality in the judgment of the High Court warranting interference. [Paras 14-16, 19] Limitation – Decree passed in suit for partition – Limitation for execution – Respondent argued that the decree passed on 09.03.1970 was engrossed on the stamp paper on 19.11.1990, the execution petition for delivery of possession of the property filed only on 13.03.1991 was time-barred and the High Court rightly allowed the applications filed by the predecessor of the respondents seeking re-delivery of possession inter alia contending that the execution petition was time barred: Held: As regards the limitation for execution of a decree passed in the suit for partition, time begins to run from the date of final decree and not from the date on which it is engrossed on the stamp paper – High Court rightly set aside the order passed in the execution petition and remanded the matter to the trial court. [Paras 16, 19]

Keywords: Order XXI Rule 99 of the Code of Civil Procedure, 1908 · Pendente lite transferee · “Stranger” · Stranger to the suit/decree · Not a party to the suit · Dispossession · Re-delivery · Third party to the decree · Rights of a decree holder · Third party to the suit · Right of a third party after being dispossessed · Execution petition for delivery of possession of the property · Execution petition time-barred · Decree passed in suit for partition · Limitation for execution

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment R. Mahadevan, J. Heard Mr. Rajeev Mishra and Mr. Sanand Ramakrishnan, learned counsel for the appellants and Mr. Jayant Muth Raj, learned senior counsel and Mrs. Nishe Rajen Shonker, learned counsel for the Respondent. 2. These Civil Appeals are preferred against the judgment and order dated 11.11.2011 passed by the High Court of Kerala at Ernakulam1 in E.F.A Nos.6 and 7 of 1998, whereby, the High Court allowed the said appeals and remanded the matter to the trial Court for fresh consideration. 3. Succinctly stated facts are that the appellants are the legal representatives of the
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