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september 2002

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.

TANZEEM-E-SUFIA vs BIBI HALIMAN . · Niyam