Supreme Court · 1998 INSC 176 · Decided 13 April 1998
Shreenath and ANR. v. Rajesh and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 176 · [1998] 2 S.C.R. 709
- Case number
- CIVIL APPEAL No. 2929/1985
- Decided
- 13 April 1998
- Bench
- K. VENKATASWAMI, AJAY PRAKASH MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21
Headnote
Code of Civil Procedure, 1908: Order 21 Rules 97(1) & (2), 98, 99, JOO, 101 and 103 (prior to, and after, 1976 Amendment). A B Mortgaged property-Vacant possession-Execution of decree-Tenants C in possession of the property obstructed decree-holder and filed an application/objection under not affected by the mortgage or redemption thereof-Held: Such application/objection maintainable both under the pre and post-1976 amendment-Distinction D between pre and post-1976 amendment explained-Further, the maintainability of such application/objection not affected by new R. 99 or old
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