Supreme Court · 2021 INSC 82 · Decided 12 February 2021
H. S. Goutham v. Rama Murthy and ANR. ETC.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 82 · [2021] 4 S.C.R. 996
- Case number
- CIVIL APPEAL No. 1844/2010
- Decided
- 12 February 2021
- Bench
- ASHOK BHUSHAN, M.R. SHAH, R. SUBHASH REDDY (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
Code of Civil Procedure, 1908 - Or.XXI, r.92 r/w r.94, Or.XLI, rr.27-29 -Defendants (mortgagers) failed to repay the borrowed amount, father of appellant-original plaintiff filed suit - Consent decree passed - Plaintiff filed execution petition - therein that the decree was obtained by fraud - Overruled by Executing Court vide order dtd.03.03.98 - Mortgaged property sold in Court auction - High Court in appeals and revision by judgment debtors called for a report from the Principal City Civil Judge as to whether
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