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april 1967

Supreme Court of India · 1967-04-19

SOLANA RAMACHANDRA RAO & ORS. vs MADDI KUTUMBA RAO & ANR.

Citation / case number
SC 1964/90495
Court
Supreme Court of India
Petitioner
SOLANA RAMACHANDRA RAO & ORS.
Respondent
MADDI KUTUMBA RAO & ANR.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that under Order XXI, Rule 89(b) of the Code of Civil Procedure, a deposit of the amount due to the decree-holder is mandatory unless the decree has been satisfied or adjusted. The Court clarified that a mere promise to ensure payment does not equate to satisfaction of the decree. In this case, since the decree was not satisfied and merely postponed, the requirement for deposit was upheld, leading to the dismissal of the receiver's appeal against the High Court's order.

SOLANA RAMACHANDRA RAO & ORS. vs MADDI KUTUMBA RAO & ANR. · Niyam