Supreme Court of India
Smt. Ved Kumari (dead through Her Legal Representative) Dr. Vijay Agarwal v. Municipal Corporation of Delhi through its Commissioner
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From the headnote
Issue for consideration:The question for consideration was whether the High Court was justifi ed in upholding the order of the Executing Court holding that the decree for possession of immovable property is not executable against the judgement debtor, merely because the decree-holder lost possession to an encroacher. Code of Civil Procedure, 1908 – Ord. XXI rr 97 to 101 – Execution of judgment and orders – Executing Court holding an execution decree as inexecutable, on the ground that the decree-holder lost possession to an encroacher – Correctness of: Held: Executing Court could not have
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