Supreme Court · 2005 INSC 115 · Decided 3 March 2005

Rekha Mukherjee v. Ashis Kumar Das and ORS.

Court
Supreme Court of India
Citation
2005 INSC 115 · [2005] 2 S.C.R. 473
Case number
CIVIL APPEAL No. 1509/2005
Decided
3 March 2005
Bench
N. SANTOSH HEGDE, S.B. SINHA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 96; Transfer of Property Act Section 53

Headnote

B Practice and Procedure : Code of Civil Procedure, 1908; O.XII R.6, O.XXI Rules 95 to IOI rlw c Section 47, O.XLVII R.lCPC, 0.41 : Title Suit-Decreed by trial Court-Affirmed by High Court-Supreme Court recorded an Undertaking given by appellant-owner of the property for not executing the decree clarification from Supreme Court D as to whether execution need to be stayed till disposal of the suit for specific performance-The Court clarified that the appellant estopped by the undertaking given by them before this Court-Dismissal of the suit/or specific performance-Filing of Review

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