Limitation for final decree application

There is no limitation for applying for a final decree in case where preliminary decree for partition is passed by a Court. The Bombay High Court permits application for final decree in the the year 2007, where the preliminary decree was passed by a Court at Nasik in a suit instituted in the year 1925 and the decree was ultimately passed by the High Court in a first appeal in the year 1938. Writ Petition No.6619 of 2009 decided on 22/03/2010.

Limitation for execution

From when will the limitation start for execution of the decree for possession? From the date of the decree of the Trial Court or that of the Appellate Court? The High Court Bombay [A.S. Oka J] decides the issue by applying the doctrine of merger. Limitation starts from the date of decree of the Appellate Court, notwithstanding the fact that there was or was not any interim stay during pendency of appeal or that the decree is simply confirmed without any modification. Writ Petition No.5522 of 1997. Decided on 09/03/2010.

Sittings change in the Bombay High Court from 15/03/2010.