Supreme Court · 2023 INSC 764 · Decided 24 August 2023
SMT. Ved Kumari (Dead Through Her Legal Representative) DR. Vijay Agarwal v. Municipal Corporation of Delhi Through Its Commissioner
- Court
- Supreme Court of India
- Citation
- 2023 INSC 764 · [2023] 11 S.C.R. 602
- Case number
- CIVIL APPEAL No. 5409/2023
- Decided
- 24 August 2023
- Bench
- B.V. NAGARATHNA, PRASHANT KUMAR MISHRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
HEADNOTES Issue for consideration: The question for consideration was whether the High Court was justifi ed in upholding the order of the Executing Court holding that the decree property is not executable against the judgement debtor, merely because the decree-holder lost possession to an encroacher. Code of Civil Procedure, 1908 - Ord. XXI rr 97 to 101 - Execution of judgment and orders - Executing Court holding an execution decree as
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