Supreme Court of India · 2009-03-30
Satya Narain & Ors vs Om Prakash & Ors
- Citation / case number
- AIRONLINE 2009 SC 570
- Court
- Supreme Court of India
- Petitioner
- Satya Narain & Ors
- Respondent
- Om Prakash & Ors
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the validity of a mortgage and subsequent sale of property, focusing on the application of Order 34 Rule 8 of the Code of Civil Procedure. The Court held that the limitation period for executing a decree is 12 years as per Article 136 of the Limitation Act, and emphasized that the authority of an attorney must be clearly established for property transactions. The Court ultimately upheld the High Court's dismissal of the appeal, affirming the lower court's decisions regarding the mortgage and possession of the property.