Supreme Court of India · 1977-04-28
TAKASEELA PEDDA SUBBA REDDY vs PUJARI PADMAVATHAMMA & ORS.
- Citation / case number
- SC 1968/60239
- Court
- Supreme Court of India
- Petitioner
- TAKASEELA PEDDA SUBBA REDDY
- Respondent
- PUJARI PADMAVATHAMMA & ORS.
- Bench
- FAZALALI, SYED MURTAZA
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the Executing Court violated Order XXI Rule 64 of the Code of Civil Procedure (C.P.C.) by proceeding with the sale of properties in Gudipadu after the sale of properties in Devanoor had already satisfied the decree amount. The Court clarified that once the amount specified in the sale proclamation is realized, further sales must be halted. The judgment emphasized that the Executing Court's jurisdiction to sell properties is contingent upon the decree being fully satisfied, and no further sale should occur if the decree is already met.