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.