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november 2003

Supreme Court of India · 2003-11-19

ASHAN DEVI vs PHULWASI DEVI .

Citation / case number
SC 2001/8161
Court
Supreme Court of India
Petitioner
ASHAN DEVI
Respondent
PHULWASI DEVI .
Author
D.M. DHARMADHIKARI. SHIVARAJ V. PATIL
Bench
D.M. DHARMADHIKARI. SHIVARAJ V. PATIL

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, could maintain their application as they had no knowledge of the prior agreement favoring the Decree Holder. The Court emphasized that the execution of the decree must respect the rights of third parties who were not involved in the original proceedings, thereby allowing the Objectors to seek restoration of possession.

ASHAN DEVI vs PHULWASI DEVI . · Niyam