Supreme Court · 2007 INSC 301 · Decided 16 March 2007

Sai Enterprises v. Bhimreddy Laxmaiah and ANR.

Court
Supreme Court of India
Citation
2007 INSC 301 · [2007] 4 S.C.R. 40
Case number
CIVIL APPEAL No. 576/2005
Decided
16 March 2007
Bench
ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC Section 115; Constitution Article 227

Headnote

,A v. BHIMREDDY LAXMAIAH AND ANR. MARCH 16, 2007 B [DR.ARIJITPASAYAT AND LOKESHWARSINGHPANTA,JJ.] "' Code of Civil Procedure, 1908: c 0.21, rr. 54, 64 and 90-Execution proceedings-Sale of property- Duty of Court-Held: Court not to allow sale of property beyond decretal amount-It is recovery of Rs.4.49 D lacs. Respondent No. I also filed suit against respondent No.2 for foreclosure of the mortgage in his favour for Rs. I lac. During the pendency of first suit, trial Court ordered attachment before judgment. The suit filed by respondent No.I was decreed against respondent

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