Supreme Court · 2025 INSC 95 · Decided 8 January 2025

Central Bank of India & ANR. v. SMT. Prabha Jain & ORS.

Court
Supreme Court of India
Citation
2025 INSC 95 · [2025] 2 S.C.R. 263
Case number
CIVIL APPEAL No. 1876/2016
Decided
8 January 2025
Bench
J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC Section 9; SARFAESI Act Section 34

Headnote

Whether the jurisdiction of civil court to try a suit is completely barred by s.34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Securitisation and Reconstruction of Financial Assets and Act, 2002-SARFAESI Act - ss.34, 17, 13(4) - Jurisdiction of the civil court to try a suit - Plaintiff-wife inherited 1/3rd share of the suit land on the death of her husband, however husband's elder brother without any partition amongst the heirs divided the land and sold

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