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october 2018

Supreme Court of India · 2018-10-24

Shanthi vs T.D.Vishwanathan And Ors

Citation / case number
AIRONLINE 2018 SC 685
Court
Supreme Court of India
Petitioner
Shanthi
Respondent
T.D.Vishwanathan And Ors
Author
N.V. Ramana
Bench
Mohan M. Shantanagoudar, N.V. Ramana

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's revision petition, confirming that the execution petition filed in 2006 was within the limitation period as per Article 136 of the Limitation Act, 1963. The Court established that a decree becomes enforceable when it is passed by the highest appellate court, and the doctrine of merger applies, meaning the decree of the Trial Court merged into the decree of the High Court. The Court concluded that the execution petition was timely as it was filed within three years of the High Court's judgment, thus affirming the entitlement of the plaintiffs to possession and arrears of rent.

Shanthi vs T.D.Vishwanathan And Ors · Niyam