Supreme Court of India · 2002-09-03
TANZEEM-E-SUFIA vs BIBI HALIMAN .
- Citation / case number
- SC 2001/15479
- Court
- Supreme Court of India
- Petitioner
- TANZEEM-E-SUFIA
- Respondent
- BIBI HALIMAN .
- Author
- BRIJESH KUMAR
- Bench
- BRIJESH KUMAR. R.C. LAHOTI
Judgment text excerpt
The case addresses whether a party may simultaneously pursue a civil suit and an application under Order XXI Rule 97 of the Code of Civil Procedure (CPC) to resist the execution of a decree. The court examines the legal permissibility of choosing between these two remedies when seeking to protect possession of a property. The matter involves the execution of an eviction decree and the rights of a third party or judgment debtor claiming ownership via a Sufi Ashram.