Saturday, March 13, 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.

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