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october 2001

Supreme Court of India · 2001-10-30

ANTONYSAMI vs ARULANANDAM PILLAI(DEAD) BY LRS.

Citation / case number
SC 1994/12887
Court
Supreme Court of India
Petitioner
ANTONYSAMI
Respondent
ARULANANDAM PILLAI(DEAD) BY LRS.
Author
K.G. BALAKRISHNAN D.P. MOHAPATRA
Bench
K.G. BALAKRISHNAN D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court addressed the issue of limitation regarding the execution of a decree for specific performance under the Specific Relief Act. The Court held that the decree became enforceable only after the judgment-debtor completed the measurement and demarcation of the property in 1973, thus allowing the execution petition filed on 19.4.1980 to be within the 12-year limitation period as per Article 136 of the Limitation Act. The Court reversed the High Court's decision, affirming the Executing Court's ruling that the execution was not barred by limitation.

ANTONYSAMI vs ARULANANDAM PILLAI(DEAD) BY LRS. · Niyam