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Supreme Court of India 2017-01-11 allowed

United Finance Corporation vs M.S.M. Haneefa

Bench: 2 — R. Banumathi

In Brief

United Finance Corporation purchased property at a court auction in execution of a decree. The judgment-debtor filed applications to set aside the sale and sought appointment of a Commissioner to assess the property's value, which were dismissed and then challenged in revision before the High Court. The auction purchaser later applied for delivery of possession, which the High Court rejected as time-barred. The Supreme Court allowed the appeal, holding that a court auction sale becomes 'absolute' only when all proceedings challenging it (including revisions) are finally disposed of, not merely when the executing court confirms the sale. Since the revision was dismissed on 9 July 2003, the one-year limitation period ran from that date, making the application filed on 30 August 2003 well within time.

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Civil Procedure Limitation Law Execution of Decrees Auction Sales Revision Petitions

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