Supreme Court · 2021 INSC 616 · Decided 5 October 2021
Dipali Biswas & ORS. v. Nirmalendu Mukherjee & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 616 · [2021] 10 S.C.R. 216
- Case number
- CIVIL APPEAL No. 4557/2012
- Decided
- 5 October 2021
- Bench
- HEMANT GUPTA, V. RAMASUBRAMANIAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11
Headnote
Code of Civil Procedure, 1908: Or.21 r. 64 - Execution of money decree - Attachment of 117 decimal of land (app. 7450 sq. feet) - Sale proclamation - Auction sale - Issuance of Sale Certificate - Application by auction purchaser seeking delivery of court - However, meanwhile judgment debtor constructed building on the land sold - Executing court ordered demolition - The said order attained finality - Judgment debtor started fresh round of litigation by moving petition before the executing court under s.47 of the
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