
Praveen Kumar
June 2, 2025 at 12:11 PM
*Raju Naidu V. Chenmouga Sundra (2025 SC)*
1. Doctrine of merger: The period of limitation of 12 years for the execution of a decree starts from the date of the order of the Appellate Court as the decree of trial court merges into that of the Appellate Court.
2. If the decree is silent on the time limit to deposit advance money, the executing court can grant time-extension. This will not amount to “going behind the decree”.
3. Lis pendens: Transferee pendente lite are bound by the outcome of the litigation. The protection of S.53A is not available to a person who took possession despite being aware of the pending litigation.
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