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january 2007

Supreme Court of India · 2007-01-23

ROSALI V. vs TAICO BANK .

Citation / case number
SC 1999/1861
Court
Supreme Court of India
Petitioner
ROSALI V.
Respondent
TAICO BANK .
Author
S.B. Sinha
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the execution of a sale conducted under Order XXI Rule 97 of the Code of Civil Procedure, confirming the auction sale of immovable property despite a prior suit for specific performance by a third party. The Court emphasized that the auction purchaser had complied with the procedural requirements, including timely deposit of the sale amount, and that the sale was confirmed by the executing court. The ruling clarifies the precedence of auction sales over pending suits for specific performance when proper procedures are followed, thus affirming the validity of the auction sale.

ROSALI V. vs TAICO BANK . · Niyam