Supreme Court of India · 2008-03-14
Kancherla Lakshminarayana vs Mattaparthi Syamala & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2069
- Court
- Supreme Court of India
- Petitioner
- Kancherla Lakshminarayana
- Respondent
- Mattaparthi Syamala & Ors
- Author
- V.S. Sirpurkar
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the dismissal of the appellant's challenge against the Madras High Court's ruling on the maintainability of an application under Order XXI Rule 58 of the Code of Civil Procedure. The Court held that the execution of a sale during the pendency of a suit does not preclude the appellant from raising objections regarding the attachment of the property, thereby establishing that such objections can be valid even post-sale. The Court overturned the High Court's decision, allowing the appellant's application to proceed.