Supreme Court · 2009 INSC 1202 · Decided 27 October 2009
Banda Chinna Subbarayudu & ORS. v. Thailam Vishanatha Rao & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1202 · [2009] 15 S.C.R. 470
- Case number
- CIVIL APPEAL No. 7153/2009
- Decided
- 27 October 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 127
Headnote
Code of Civil Procedure, 1908: c Or. 21, r.89 - Execution proceedings - Application by judgment-debtors for setting aside the sale - Rejected by courts below as barred by time - Plea of judgment-debtors that they were prevented from filing application because of the stay of application of a third 0 party, rejected - HELD: Whether the stay of the execution proceedings was obtained by the judgment-debtors or by any other person is hardly relevant except to decide whether the judgment-debtors could have taken any steps in the proceedings which were stayed - If the
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