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may 1995

Supreme Court of India · 1995-05-12

B. GANGADHAR vs B.G. RAJALINGAM

Citation / case number
SC 1995/6046
Court
Supreme Court of India
Petitioner
B. GANGADHAR
Respondent
B.G. RAJALINGAM
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the execution order under Order 21, Rule 98 read with Section 151 CPC, affirming the executing court's authority to direct the demolition of unauthorized constructions by the judgment-debtor. The Court clarified that the absence of a mandatory injunction in the decree does not preclude the executing court from enforcing possession rights, as per Order 21, Rule 101, which allows the court to resolve all questions of right, title, or interest in property during execution proceedings. The petitioner's claims regarding the tenants' rights were also dismissed, reinforcing the finality of the trial court's decree.

B. GANGADHAR vs B.G. RAJALINGAM · Niyam