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january 2024

Supreme Court of India · 2024-01-12

ASMA LATEEF vs SHABBIR AHMAD

Citation / case number
SC 2011/11820
Court
Supreme Court of India
Petitioner
ASMA LATEEF
Respondent
SHABBIR AHMAD
Author
DIPANKAR DATTA
Bench
HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE DIPANKAR DATTA, HON'BLE MR. JUSTICE ARAVIND KUMAR

Judgment text excerpt

The Supreme Court addressed the execution of a decree under Section 47 of the Code of Civil Procedure, 1908, holding that the objections raised by the respondents were non-maintainable. The Court affirmed the Revisional Court's order directing the Executing Court to proceed with execution, thereby quashing the High Court's decision that had relegated the parties to seek adjudication of their rights in a different forum. The ruling established that execution proceedings can proceed despite objections if they do not pertain to the decree's executability.

ASMA LATEEF vs SHABBIR AHMAD · Niyam