BANDA CHINNA SUBBARAYUDU vs THAILAM VISHWANATHA RAO

The Supreme Court addressed the issue of limitation under Article 127 of the Limitation Act in the context of Execution Proceedings under Order 21 Rule 89 CPC. The Court held that the period during which the Execution Proceedings were stayed due to a third-party appeal should be excluded from the limitation period. Consequently, the Court overturned the High Court's affirmation of the lower courts' dismissal of the appellant's application to set aside the sale, allowing the appeal and remanding the matter for reconsideration in light of the stay period.