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october 2013

Supreme Court of India · 2013-10-28

SUKUMAR DE vs BIMALA AUDDY .

Citation / case number
SC 2004/22801
Court
Supreme Court of India
Petitioner
SUKUMAR DE
Respondent
BIMALA AUDDY .
Author
A.K. SIKRI
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the discretionary powers of the High Court under Section 115 of the Code of Civil Procedure, holding that the High Court erred in granting the judgment debtors an opportunity to pay the decretal amount, which effectively nullified the auction sale of the property. The Court emphasized that such discretion should not have been exercised given the finality of the decree and the auction process. Consequently, the Court upheld the auction sale in favor of the petitioners, affirming the finality of the execution proceedings.

SUKUMAR DE vs BIMALA AUDDY . · Niyam