AIROnline 2024 SC 667

Supreme Court Of India

(From : AIROnline 2011 Ker 59

Hon'ble Judge(s): Pankaj Mithal, R. Mahadevan , JJ

(A) Civil P.C. (5 of 1908) , O.21 R.99— Execution proceedings - Dispossession by decree-holder - Right of pendente lite transferee - A pendente lite transferee, is entitled to file an application under O.21, R.99 of CPC and raise question of limitation Where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, or where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession. Thus, "any person" not a party to the suit or in other words a stranger to the suit can seek redelivery, after he has been dispossessed. The term "Stranger" would cover within its ambit, a pendent lite transferee, who has not been impleaded. The pendent lite purchaser would have right to defend his right, title, interest and possession.(Para 14 15) (B) Civil P.C. (5 of 1908) , O.21 R.99— Execution proceedings - Dispossession by decree-holder -Prayer for re-delivery of possession - Predecessor of respondents was not a party to suit and he was dispossessed from property, in execution of decree passed in suit - Property stood transferred to predecessor of respondents before final decree was passed - Predecesso....