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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..

Citation / case number
SC 2003/10938
Court
Supreme Court of India
Petitioner
M/S. PUSHPA SAHKARI AVAS SAMITI LTD.
Respondent
M/S. GANGOTRI SAHKARI AVAS S.LTD..
Author
Dipak Misra
Bench
DIPAK MISRA DEEPAK VERMA

Judgment text excerpt

The Supreme Court held that the execution of a decree under Section 47 of the Code of Civil Procedure is maintainable even if filed before the expiry of the stipulated period, provided the decree has matured by the time of adjudication. The Court clarified that the objections raised regarding premature execution were without merit, as the execution application was valid once the six-month period elapsed. The Court upheld the decision of the executing court, affirming the order for payment of the agreed amount to the decree holder.

M/S. PUSHPA SAHKARI AVAS SAMITI LTD. vs M/S. GANGOTRI SAHKARI AVAS S.LTD.. · Niyam