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september 2013

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.

Manju Swarup (D) Thr. Lrs vs Bhupenshwar Prasad (D) Thr. Lrs. & Ors · Niyam