Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
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 Court stayed order of Registrar setting aside sale of mortgaged property, however, status quo in respect of the property during pendency of writ petition not granted - Such order was interim order in nature - Highest bidder in auction held by Bank deposited certain sum with bank and third party interest was created in the said property - Sale by auction not confirmed, entire sale consideration money not deposited by subsequent purchaser, no sale deed effected nor possession of property handed over to purchaser by bank - Thus, in the interest of, justice, parties to maintain status quo as regards the property. in the event ]udgment-debtor deposits in writ application pending before High Court and in the-event said amount is deposited within the time specified, interim order would continue till the disposal of writ petition and in default of making deposit, interim- order would stand vacated. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2009 INSC 399 |
Petitioner | Woods Beach Hotels Ltd. |
Respondent | Mapusa Urban Co-operative Bank Of Goa Ltd. & Ors. |
SCR | [2009] 4 S.C.R. 1085 |
Judgement Date | 2009-03-24 |
Case Number | 1830 |
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