Supreme Court · 2009 INSC 399 · Decided 24 March 2009
Woods Beach Hotels LTD. v. Mapusa Urban Co-Operative Bank of Goa LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 399 · [2009] 4 S.C.R. 1085
- Case number
- CIVIL APPEAL No. 1830/2009
- Decided
- 24 March 2009
- Bench
- TARUN CHATTERJEE, H.S. BEDI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Restitution of property A B - When decree holder himself auction purchaser in court auction sale held in execution of decree which is subsequently C set aside - Held: Restitution of property can be ordered in favour of judgment-debtor and is bound to return property- If at court auction sale in execution of decree, properties are purchased by bona fide purchaser who is stranger to court proceedings, sale in his D favour is protected and he cannot be asked to restitute property to judgment-debtor if decree is set aside - On
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