Supreme Court · 1973 INSC 115 · Decided 4 May 1973

Harnandrai Badridas v. Debidutt Bhagwati Prasad & ORS.

Court
Supreme Court of India
Citation
1973 INSC 115 · [1974] 1 S.C.R. 210
Case number
CIVIL APPEAL No. 1323/1967
Decided
4 May 1973
Bench
A.N. GROVER, KUTTYIL KURIEN MATHEW, A.K. MUKHERJEA (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 47

Headnote

Code of CMI Procedllrc--Order XXI &le 95 IO 102-Whether after an uuc- n tion sale ill execution of a decree, a decree-holder auction-purchaser can move the e.xeculing Court jor de/irery of vacant possession of an immovable property, In May 1956, One D obtained a money decree against H. In one G, a partner of the ue1enoant thm in respect of premises No. 99 and 128 Couon Street, Calcutta for the purpose of sel)ing those properties. On April 3, 1958, Mr 1' was also appomLed receiver in execution of the decree obtained by f) for the C sale of the lWO pr~:mises. The properties were put

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