Supreme Court of India

B. Gangadhar v. B.G. Rajalingam

Neutral citation
Reported as [1995] SUPP. 1 S.C.R. 535
Bench K. Ramaswamy and S. Saghir Ahmad JJ.
Decided 12 May 1995

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the High Court and the executing court have not committed any error B of law in directing demolition of shops and delivery of the possession to the decree holder.

Judgment, page 7

From the headnote

Code of Civil Procedure 1908 Order 21 Rules 35(3).101-Execution proceedings-Questions relating to right, title or interest in the property-Executing Court mandated to decide-Not by way of a separate suit-Tenant need not eonominee be impleaded as party defendant-Nor is it an impediment to remove obstruction put up by them to deliver possession to the decree holder. The petitioner was a judgment-debtor. Respondent laid a suit for declaration of title to and possession of a certain property. The trial Court issued the declaration and directed the petitioner to hand over the vacant possession to

Where later benches applied it

Of those, 1 mentioned

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