UNITED FINANCE CORPORATION vs M.S.M. HANEEFA (DEAD) THROUGH LRS.

The Supreme Court held that the application filed under Order XXI Rule 95 CPC for delivery of possession of immovable property purchased in a court auction is not barred by limitation, as the auction sale becomes absolute only after the termination of proceedings to set aside the sale. The Court emphasized that the period of stay granted by the High Court must be excluded under Section 15(1) of the Limitation Act, 1963. Consequently, the Court set aside the High Court's order dismissing the application as barred by limitation, thereby allowing the appellant's claim for possession.