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march 2008

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.

Kancherla Lakshminarayana vs Mattaparthi Syamala & Ors · Niyam