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march 2012

Supreme Court of India · 2012-03-30

M/S. Pushpa Sahkari Avas Samiti Ltd vs M/S. Gangotri Sahkari Avas S.Ltd.& Ors

Citation / case number
AIR 2012 SUPREME COURT 1788
Court
Supreme Court of India
Petitioner
M/S. Pushpa Sahkari Avas Samiti Ltd
Respondent
M/S. Gangotri Sahkari Avas S.Ltd.& Ors
Author
Dipak Misra
Bench
Dipak Misra, Deepak Verma

Judgment text excerpt

The Supreme Court held that an execution petition filed before the expiry of the stipulated period in a compromise decree is not maintainable under Section 47 of the Code of Civil Procedure. The Court clarified that the execution cannot proceed if it is deemed premature at the time of filing, emphasizing that the execution must align with the terms of the decree. The Court upheld the decision of the executing court, which had rejected the objections raised by the respondent regarding the premature execution, thus affirming the execution order.

M/S. Pushpa Sahkari Avas Samiti Ltd vs M/S. Gangotri Sahkari Avas S.Ltd.& Ors · Niyam