Supreme Court of India · 2004-02-11
S. Mariyappa (Dead) By Lrs. And Ors. vs Siddappa And Anr.
- Citation / case number
- AIRONLINE 2004 SC 288
- Court
- Supreme Court of India
- Petitioner
- S. Mariyappa (Dead) By Lrs. And Ors.
- Respondent
- Siddappa And Anr.
- Bench
- S.N. Variava, H.K. Sema
Judgment text excerpt
The Supreme Court held that the Executing Court failed to consider whether a part of the property could satisfy the decretal debt under Order 21 Rule 64 of the Civil Procedure Code. The Court emphasized that the Executing Court has a legislative mandate to assess if only a portion of the property should be sold to meet the decree. The sale of the entire one acre of agricultural land for Rs. 1,500 was deemed illegal and without jurisdiction, leading to the setting aside of the sale and directions for proper execution of the decree.