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august 2008

Supreme Court of India · 2008-08-29

K.Vilasini & Ors vs Edwin Periera & Ors

Citation / case number
AIR 2009 SUPREME COURT 1041
Court
Supreme Court of India
Petitioner
K.Vilasini & Ors
Respondent
Edwin Periera & Ors
Author
S.B. Sinha
Bench
Aftab Alam, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the appeal against the Kerala High Court's order regarding the redemption of a usufructuary mortgage under the Transfer of Property Act. The Court held that the delay in depositing the redemption amount could be condoned under Section 5 of the Limitation Act, provided sufficient cause is shown. The Court ultimately allowed the appeal, setting aside the High Court's order that had permitted the delay without notice to the respondents, emphasizing the necessity of adhering to procedural fairness.

K.Vilasini & Ors vs Edwin Periera & Ors · Niyam