Supreme Court of India · 2005-10-18
V. Hucheswaran vs M/S. Madras Hardware Mart
- Court
- Supreme Court of India
- Petitioner
- V. Hucheswaran
- Respondent
- M/S. Madras Hardware Mart
- Author
- Altamas Kabir
- Bench
- Ar. Lakshmanan, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the issue of execution of a final decree for partition under Article 136 of the Limitation Act, holding that the execution petition filed by the 6th defendant was barred by limitation as it was filed beyond 12 years from the date of the final decree. The Court emphasized that the execution of a decree must adhere to the prescribed limitation period, and the failure to execute the decree within this timeframe results in the dismissal of the execution application. Consequently, the Court upheld the rejection of the execution petition, affirming the lower court's decision.