Supreme Court of India

Shreenath and Anr. v. Rajesh and Ors.

Neutral citation

Reported as [1998] 2 S.C.R. 709

Bench K. Venkataswami and A.P. Misra JJ.

Decided 13 April 1998

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid finding and the law being well settled the interpretation given by the aforesaid Full Bench of the M.P. High Court in the case of Usha Jain v.

Judgment, page 13

From the headnote

Code of Civil Procedure, 1908: Order 21 Rules 97(1) & (2), 98, 99, JOO, 101 and 103 (prior to, and after, 1976 Amendment). Mortgaged property-Vacant possession-Execution of decree-Tenants in possession of the property obstructed decree-holder and filed an application/objection under R.-97 on the ground that they were not parties to the suit and that they had independent legal right not affected by the mortgage or redemption thereof-Held: Such application/objection maintainable both under the pre and post-1976 amendment-Distinction between pre and post-1976 amendment explained-Further, the

Authorities it was built on

1997 Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal and Anr. cited by 10
1994 Noorduddin v. Dr. K.L. Anand cited by 6

Where later benches applied it

2019 Shamsher Singh & Anr. v. Lt. Col. Nahar Singh (d) Thr. Lrs. & Ors. relied on
2025 Periyammal (dead) through Lrs & Ors. v. V. Rajamani & Anr. Etc. referred to
2023 Smt. Ved Kumari (dead through Her Legal Representative) Dr. Vijay Agarwal v. Municipal Corporation of Delhi through its Commissioner referred to
2019 Asgar & Ors. v. Mohan Varma & Ors. referred to

Of those, 1 relied on · 3 referred to

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