Supreme Court of India · 2017-01-11
United Finance Corporation vs M.S.M. Haneefa (Dead) Through Lrs
- Citation / case number
- AIR 2017 SUPREME COURT 498
- Court
- Supreme Court of India
- Petitioner
- United Finance Corporation
- Respondent
- M.S.M. Haneefa (Dead) Through Lrs
- Author
- R. Banumathi
- Bench
- R.Banumathi, R.K. Agrawal
Judgment text excerpt
The Supreme Court held that the application filed under Order XXI Rule 95 C.P.C. for delivery of possession of property purchased in a court auction is subject to the limitation period prescribed under Article 134 of the Limitation Act, 1963. The Court clarified that the auction sale becomes absolute only after the termination of proceedings to set aside the sale, and the period of stay granted by the High Court must be excluded under Section 15(1) of the Limitation Act. The Court overturned the High Court's dismissal of the appellant's application as barred by limitation, allowing the appeal and directing the execution of possession delivery.