Supreme Court · 2004 INSC 298 · Decided 21 April 2004
Vareed Jacob v. Sosamma Geevarghese and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 298 · [2004] SUPP. 1 S.C.R. 534
- Case number
- CIVIL APPEAL No. 2634/2004
- Decided
- 21 April 2004
- Bench
- V.N. KHARE, S.B. SINHA, S.H. KAPADIA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21, 38, 39, 40, 94, 151; Limitation Act
Headnote
Code of Civil Procedure, 1908; Orders 21, 38, 39 and 40; Sections 94 and 151: Suit/or partition-Decreed by MunsiffCourt in favour of one of the C defendants granting recovery of certain items-Challenged by another defendant by filing a suit against decree holder-Issuance of temporary injunction by dismissed on merit-Appeal dismissed by the first Appellate Court and Second appeal dismissed by High Court-Execution Petition-Expiry of limitation period-Executing Court held since the decree holder was precluded D from executing the decree in time by filing a suit, time elapsed in the proceeding
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