Supreme Court of India · 2013-09-20
Manju Swarup (D) Thr. Lrs vs Bhupenshwar Prasad (D) Thr. Lrs. & Ors
- Citation / case number
- AIR 2013 SC (CIV) 2879
- Court
- Supreme Court of India
- Petitioner
- Manju Swarup (D) Thr. Lrs
- Respondent
- Bhupenshwar Prasad (D) Thr. Lrs. & Ors
- Bench
- A.K. Sikri, Anil R. Dave
Judgment text excerpt
The Supreme Court addressed the execution proceedings under Order XXI, Rule 83 and Rule 90 of the Code of Civil Procedure, 1908, emphasizing the importance of timely payment by the judgment debtor to avoid property auction. The Court held that the judgment debtor's failure to deposit the decretal amount within the agreed timeframe justified the execution of the sale, and the subsequent appeal against the auction was dismissed as the sale was conducted lawfully. The Court reaffirmed that the execution process must be adhered to strictly to ensure justice for decree holders.