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november 2003

Supreme Court of India · 2003-11-19

Ashan Devi & Anr vs Phulwasi Devi & Ors

Citation / case number
AIR 2004 SUPREME COURT 511
Court
Supreme Court of India
Petitioner
Ashan Devi & Anr
Respondent
Phulwasi Devi & Ors
Bench
Shivaraj V. Patil, D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court addressed the issue of whether a purchaser of land under a registered Sale Deed can file an application under Order 21 Rule 97 of the Code of Civil Procedure, claiming dispossession during the execution of a decree for specific performance obtained ex parte. The Court held that the Objectors, who were not parties to the original suit and claimed possession through separate sale deeds, could maintain their application as they were dispossessed without due process. The ruling emphasized the necessity of including all interested parties in proceedings to ensure fair execution of decrees, thereby upholding the principles of natural justice.

Ashan Devi & Anr vs Phulwasi Devi & Ors · Niyam