In Brief
A property was auctioned and sold in execution of a decree. The auction was confirmed on 16 July 2009, but the sale certificate was issued only on 5 February 2010. The purchaser then applied for possession on 27 July 2010. The High Court upheld the application, holding that limitation under Article 134 (Limitation Act) started from the sale certificate date. The Supreme Court found an inconsistency: Rule 95 of Order XXI (CPC) requires a sale certificate before applying for possession, but Article 134 counts limitation from the date of confirmation. The Court held that the earlier judgment in Pattam Khader Khan required reconsideration by a larger bench and referred the matter accordingly, leaving the question open about when limitation truly begins.
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