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may 2008

Supreme Court of India · 2008-05-27

Bikoba Deora Gaikwad & Ors vs Hirabai Marutirao Ghorgare & Ors

Court
Supreme Court of India
Petitioner
Bikoba Deora Gaikwad & Ors
Respondent
Hirabai Marutirao Ghorgare & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that an application for initiating final decree proceedings under Section 54 of the Code of Civil Procedure, 1908 is subject to the provisions of the Limitation Act, 1963, specifically Articles 136 and 137. The Court clarified that the decree dated 27.6.1975 was a preliminary decree, not a final decree, and thus the application filed after 17 years was barred by limitation. The Court upheld the High Court's dismissal of the writ petition challenging the rejection of the limitation objection.

Bikoba Deora Gaikwad & Ors vs Hirabai Marutirao Ghorgare & Ors · Niyam