Application for delivery of Possession - Ameen went to property - Judgement debtors obstructed court ameen - based on ameen report, court directed the petitioner to file petition under rule 97 - petition filed beyond 30 days - maintainable.

Citation 

2024-1-L.W. 22

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 17.10.2023

Pronounced on : 20.11.2023

C.M.S.A. No. 13 of 2012 and M.P. No. 1 of 2012

M.Dhandapani, J.Muthukrishnan .. Appellant

 - Vs -

Muthusamy & others.    .. Respondents

C.P.C., Section 47, Order 21 rules 26, 95, 97

Limitation act, Article 129, 30 days, scope

Appellant filed application seeking delivery of the properties, which were purchased in auction sale from the occupancy of judgment debtor Court delivered two properties and in respect of other properties, the court had granted liberty to seek for possession after removing the obstruction Only based on the liberty granted, application was filed on 2.11.1982, which is after period of 30 days limitation prescribed under Article 129, from the date on which the amin had gone to deliver possession of the property under the occupancy of the judgment debtor.                 para 26

27. However, one important fact,which requires to be remembered inthe present scenario is the fact thatoriginally the application in E.A.No.681/1982 had been filed under OrderXXI Rule 95 CPC seeking delivery of property in occupancy of judgment debtor in which it had come to noticethat there were obstruction, which was recorded by the Amin for whichthe Court, vide its order had directed the appellant to file application underOrder XXI Rule 97 CPC with regard to two properties, while delivery ofpossession of the other propertieswere given to the appellant. From theabove, it is unambiguously clear thatΕ.Α. Νο.229/1983 is an off-shoot of EA.No.681/1982, that too on the basis of the liberty granted by the Court to file thesaid application. When the Court had granted such liberty, in effect, it only means that the limitation under Article129 cannot be pressed into service,which stood condoned by the Court,