Supreme Court of India · 2012-02-27
BIMAL KUMAR vs SHAKUNTALA DEBI .
- Citation / case number
- SC 2009/27808
- Court
- Supreme Court of India
- Petitioner
- BIMAL KUMAR
- Respondent
- SHAKUNTALA DEBI .
- Author
- Dipak Misra
- Bench
- DIPAK MISRA DALVEER BHANDARI
Judgment text excerpt
The Supreme Court upheld the order of the Jharkhand High Court, which set aside the dismissal of Execution Case No. 8 of 2004 by the Sub-Judge on grounds of limitation. The Court clarified that the compromise in Partition Suit No. 131 of 1962, which involved relinquishment of interests in specific properties, was valid and binding on the parties involved. The Court emphasized that the execution of the compromise decree was not barred by limitation as the parties had not acted upon the compromise for an extended period, thus allowing the execution to proceed.