In Brief
The Supreme Court upheld a High Court decision allowing the legal representatives of a pendente lite transferee (Raghuthaman) to challenge execution of a partition decree. The Court held that a third party dispossessed during decree execution can file an application under Order XXI Rule 99 of the CPC, even if a pendente lite transferee, to claim independent right and title. The Court also confirmed that the limitation period for executing partition decrees begins from the decree date, not from its engrossment on stamp paper. The trial court must adjudicate all competing claims under Order XXI Rule 101 without requiring a separate suit. The appeals were dismissed, leaving all issues for fresh consideration by the trial court.
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