Supreme Court of India
Woods Beach Hotels Ltd. v. Mapusa Urban Co-operative Bank of Goa Ltd. & Ors.
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 are of the view that a third party interest has now been created in the aforesaid property.
Judgment, page 6
From the headnote
Code of Civil Procedure, 1908 - Restitution of property - When decree holder himself auction purchaser in court auction sale held in execution of decree which is subsequently set aside - Held: Restitution of property can be ordered in favour of judgment-debtor and decree-holder auction purchaser 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 favour is protected and he cannot be asked to restitute property to judgment-debtor if decree is set aside - On facts, High
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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