JUDGMENT :

(Abhay S. Oka, J.)

1. Leave granted.

FACTUAL ASPECTS

2. The issue which arises for consideration in this appeal is what is the starting point of limitation for filing an application under Rule 95 of Order XXI of the Code of Civil Procedure, 1908 (for short, ‘CPC’).

3. The property subject matter of this appeal held by the appellants was sold in execution of a decree passed against the appellants in a public auction. The respondent is the purchaser of the property. The order of confirmation of sale in accordance with sub-rule (1) of Rule 92 of Order XXI of CPC was passed on 16th July 2009. The sale certificate under Rule 94 of Order XXI of CPC was issued by the Executing Court to the respondent on 5th February 2010. On 27th July 2010, the respondent filed an application under Rule 95 of Order XXI of CPC before the Executing Court. The said application was allowed by the Executing Court. The appellants applied for a review of the said order. The prayer for review was dismissed by the Executing Court. The appellants challenged the orders of the Executing Court by filing a Civil Re