Supreme Court · 2021 INSC 387 · Decided 9 August 2021
Srihari Hanumandas Totala v. Hemant Vithal Kamat & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 387 · [2021] 8 S.C.R. 387
- Case number
- CIVIL APPEAL No. 4665/2021
- Decided
- 9 August 2021
- Bench
- D.Y. CHANDRACHUD, M.R. SHAH (2-judge bench)
- Outcome
- Leave Granted & Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11
Headnote
Code of Civil Procedure 1908: Or. 7 r. 11 - Rejection of plaint - Application u/Or. 7 r. 11 - When permissible - On facts, matter pertaining to property dispute wherein property initially in the name of first respondent and his brother, later mortgaged to State Finance of loan - Auction of property for non-payment of loan amount and property purchased by the third respondent and thereafter, execution of sale deed of property in his favour - However, the first respondent and his brother did not hand over the possession of the suit property -
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