Supreme Court · 1964 INSC 283 · Decided 11 December 1964
Mahjibhai Mohanbhai Barot v. Patel Manibhai Gokalbhai & ORS.
- Court
- Supreme Court of India
- Citation
- 1964 INSC 283 · [1965] 2 S.C.R. 436
- Case number
- CIVIL APPEAL No. 777/1964
- Decided
- 11 December 1964
- Bench
- A.K. SARKAR, K. SUBBA RAO, RAGHUBAR DAYAL, N. RAJAGOPALA AYYANGAR, J.R. MUDHOLKAR (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 144; Limitation Act Section 182, 181, 182(4), 6, 7, 15, 9
Headnote
Code of Civil Procedure (Act 5 of 1908) •· 144-Applkatlon 111..Ur­ If execution application. Limilalion Act (9 of 1908), Arts. 181 and l82:;;-Scop1 of, The appellant filed a suit for recovery of certain properties from the respondenta. The suit was d<creed by the trial courL The but pending the appeal, the appellant, in execution of the decree of the trial court, obtained possession of tbe suit properties and recovered the costa awarded. Only July 13, 19'49, the· High Court set aside the decree of the trial court, and on August 24, 1950, the appellate decree
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