LAW FOR ALL

Or.21, Rule 89 CPC and Art.127 of Limitation Act - sale set aside petition by Jdr should be made with in 60 days and should have deposited the sale amount and poundage etc., - High court ignored the settled law and allow the writ - Apex court held that in view of the settled law on the issue as noted above, in this case it must be held that the High court committed grave error of law in not noticing the relevant provisions of CPC and the Limitation Act and in allowing the Writ Petition for re-consideration of the petition under Order XXI Rule 89, CPC. In absence of required deposit made by the judgment-debtor within the time mandated by law, such an exercise would be only an exercise in futility because the Executing Court does not have any option but to reject the petition. In such a situation, the judgment under appeal is set aside and the Appeal is allowed with a cost of Rs.10,000/- (Rupees Ten Thousand) payable by Respondent no.1 to the Appellant.= Annapurna …..Appellant Versus Mallikarjun & Anr. …..Respondents= 2014 ( April. Part ) judis.nic.in/supremecourt/filename=41409