Tag: execution proceedings

Supreme Court: Death of Appellant Before Hearing Renders Appellate Judgment Void
20Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Death of Appellant Before Hearing Renders Appellate Judgment Void

The Supreme Court held that a decree passed in favor of deceased appellants, whose legal heirs were not substituted, is a nullity. Consequently, the original trial court decree revives and is executable, as a null appellate decree cannot supersede a valid prior decree. Facts Of The Case: The legal heirs of Arjunrao Thakre filed a civil suit challenging the re-allotment of his agricultural land to defendants 3 to 5. The trial court decreed the suit in 2006, declaring the plaintiffs as owners and the subsequent allotment illegal. Defendants 4 and 5 appealed. During the pendency of this first appeal, both appellants died—defendant 4 in 2006 and defendant 5 in 2010—but their legal heirs were never brought on record. Unaware of the deaths, the first appellate court heard and partl...
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Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court
24Dec By The Legal ChamberNo Comments
Supreme Court

Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court

The Supreme Court upheld the enforceability of a cooperative court's decree for specific performance, ruling that subsequent unauthorized constructions and unapproved plot mergers do not render a decree inexecutable. The Court directed the removal of obstructing structures to facilitate the allotment and delivery of vacant possession to the decree-holder, affirming the executability of the award. Facts Of The Case: The appellant, Southern Nagpur Co-operative Society Limited, was directed by the Cooperative Court in a 2000 award to allot Plot No. 5A to its member, respondent Ganpati Yadavrao Kumbhare, a decree upheld in subsequent appeals. During execution proceedings, the appellant society objected, claiming the plot had lost its identity as it was merged with adjoining Plots 4 and 4A in...
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Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law
1Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law

This Supreme Court judgment clarifies that the expression "within such period" in Section 5 of the Limitation Act, 1963 requires a party to explain the delay for the entire period from when the limitation period commenced until the actual filing date, not just the period after the limitation expired. It overrules the narrower interpretation in Rewa Coalfields and aligns with the view that "sufficient cause" must be shown for the full duration of the delay, emphasizing that the State is not entitled to preferential treatment in condonation matters. Facts Of The Case: The case originates from a dispute over a parcel of land. The appellant, Shivamma, became the absolute owner of the land, including a 4-acre portion, through a compromise decree in 1989. However, the Karnataka Housing Board (...
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Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre
29Sep By The Legal ChamberNo Comments
Supreme Court

Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre

The Supreme Court upheld the High Court's decision confirming the validity of a court-auctioned property sale. It endorsed the directions for a fresh survey to demarcate the exact purchased area and for the auction purchaser to pay additional consideration, citing his conduct, while ruling that subsequent challenges to the sale were barred by law. Facts Of The Case: The dispute originated from a debt recovery proceeding initiated by the Karnataka State Financial Corporation (KSFC) against a company, for which the respondent, G.M. Krishna, was a guarantor. Following a decree, KSFC attached the respondent's agricultural land for auction. The appellant, R. Raghu, emerged as the highest bidder in a court auction in 2003, and a sale certificate was subsequently issued. The responden...
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Supreme Court Quashes Decree Against Odisha Corp, Clarifies Law on Interest for Pre-1992 Transactions
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Decree Against Odisha Corp, Clarifies Law on Interest for Pre-1992 Transactions

The Supreme Court held that the suit against the State Financial Corporation was not maintainable due to non-compliance with the mandatory notice under Section 80 CPC. The decree was declared a nullity as it erroneously applied the Interest on Delayed Payments Act, 1993, to a pre-enactment transaction and fastened liability without privity of contract. Execution proceedings were quashed. Facts Of The Case: In 1985, Respondent No. 1, M/s. Vigyan Chemical Industries, supplied raw materials to Respondent No. 2, an industrial unit. Due to a loan default, the Appellant, Odisha State Financial Corporation (OSFC), took possession of Respondent No. 2's unit in 1987 under the State Financial Corporations Act, 1951. In 1988, Respondent No. 1 filed a recovery suit for its unpaid dues. OSFC was impl...
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Supreme Court Upholds Specific Performance: Land Sale Agreement Enforced After 24 Years
8Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Specific Performance: Land Sale Agreement Enforced After 24 Years

The Supreme Court upheld the decree for specific performance of a 2001 land sale agreement, ruling that the plaintiffs proved readiness and willingness under the Specific Relief Act, 1963. It nullified subsequent fraudulent sales under Section 52 of the Transfer of Property Act (lis pendens) and affirmed the court’s power to grant possession under Section 22 despite omitted pleadings. The judgment emphasized that mere price escalation cannot deny equitable relief and imposed an additional ₹25 lakh payment to balance interests. Collusive transactions were declared void, reinforcing protections against pendente lite transfers. Facts Of The Case: In 2001, Krishan Gopal (appellant) agreed to sell 9 acres of agricultural land in Punjab to Gurmeet Kaur and her two sons for ₹10 lakh under an Ag...
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