Supreme Court · 2001 INSC 501 · Decided 11 October 2001
Krishna Gopal Chawla and ORS. v. State of U.P. and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 501 · [2001] SUPP. 4 S.C.R. 62
- Case number
- CIVIL APPEAL No. 7104/2001
- Decided
- 11 October 2001
- Bench
- D.P. MOHAPATRA, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil procedure, 1908 : Order XXJ Rules JO and 11(2)(d). Execution-Application for-Maintainability of-Merging of decree in C appellate court-Fresh application-Necessity of-Eviction suit decreed in second appeal-Decree holder moved execution application-However, on appeal Supreme Court or alteration of decree-Decree-holder continued execution proceedings-But High Court held that the execution D application was not maintainable as the decree merged in the decree passed by Supreme Court and that a fresh application for execution had to be flled­ Correctness of~Held :
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