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Supreme Court of India

Rajeev Gupta & Ors. v. Prashant Garg & Ors.

Neutral citation
Reported as [2025] 4 S.C.R. 2364
Bench Dipankar Dutta and Prashant Kumar Mishra JJ.
Decided 23 April 2025

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.

What the Court ordered

We hold that on the face of the strong opposition raised by the appellants the first appellate court acted illegally in the exercise of its jurisdiction in granting relief to the plaintiffs by passing a decree for recovery of possession without there being any decree for declaration of rights/cancellation of deeds.

Judgment, page 33

From the headnote

Issue for Consideration Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First Appellate Court was right in decreeing the suit without the plaintiffs seeking relief of declaration/cancellation. Headnotes† Limitation Act, 1963 – Arts.58, 59 and 65 – Transfer of Property Act, 1882 – ss.54, 41 – Suit for cancellation of sale deed and recovery of possession – Limitation period – Will allegedly executed by the common ancestor of the parties,

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