Supreme Court · 2020 INSC 75 · Decided 22 January 2020
Varadarajan v. Kanakavalli & ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 75 · [2020] 1 S.C.R. 132
- Case number
- CIVIL APPEAL No. 5673/2009
- Decided
- 22 January 2020
- Bench
- L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115
Headnote
Code of Civil Procedure, 1908 - Or. XXII, r.5 and s.115 - Wife filed suit inter alia for partition in respect of the suit property as the successor-in-interest of her husband - Husband had a son from his earlier marriage - Suit decreed - She sought execution of the Appellant, the son of deceased's younger sister filed application to execute the decree as her legal representative on the basis of a Will - Allowed - Appellant sought eviction of the respondent and for delivery of vacant possession of the premises - Executing Court held
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