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october 2019

Supreme Court of India · 2019-10-21

Om Parkash vs Amar Singh .

Citation / case number
AIR 2019 SUPREME COURT 5370
Court
Supreme Court of India
Petitioner
Om Parkash
Respondent
Amar Singh .
Author
Navin Sinha
Bench
B.R. Gavai, Navin Sinha

Judgment text excerpt

The Supreme Court held that the delivery of possession to the decree holder using police assistance was unlawful as no prior orders were obtained from the executing court for such assistance, violating the principles of lawful execution under the Code of Civil Procedure. The Court emphasized that possession must be taken in accordance with law, and any unlawful dispossession necessitates restoration of possession to the rightful party. The High Court's order directing the judgment debtor to be restored to possession was upheld, and the execution proceedings were revived for fresh determination of entitlement to possession.

Om Parkash vs Amar Singh . · Niyam