Supreme Court of India · 2009-07-31
VASUDEV SHENOY vs KSHEMAVATHY .
- Citation / case number
- SC 2007/28775
- Court
- Supreme Court of India
- Petitioner
- VASUDEV SHENOY
- Respondent
- KSHEMAVATHY .
Judgment text excerpt
The Supreme Court held that the inherent power under Section 151 of the CPC cannot be invoked by the executing court to deliver property once again to the decree holder after recording delivery. The Court found that the respondents had no legal justification for retaining possession of the property and directed that the appellant be restored to possession within four weeks, exercising its jurisdiction under Article 142 of the Constitution. The appeal was allowed, and costs of Rs. 50,000 were awarded to the appellant.