ANNAPURNA vs MALLIKARJUN

The Supreme Court held that under Article 127 of the Limitation Act, 1963, an application to set aside a sale under Order XXI Rule 89 of the Code of Civil Procedure (CPC) must be filed within 60 days from the date of sale. The Court found that the High Court erred in quashing the Executing Court's order and remitting the matter back, as the judgment-debtor failed to make the necessary deposit required by CPC. Consequently, the Supreme Court set aside the High Court's order and upheld the Executing Court's decision, affirming the importance of adhering to statutory timelines and requirements in execution proceedings.