Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Execution of decree Laches Delay |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Execution of decree: Petition for execution of decree entitling the plaintiff to possession of a plot - Rejected on the ground that decree was not executable because of contradictory reports - Revision of plaintiff rejected by High Court - Held: Judgment in favour of plaintiff was delivered by considering a report dated 17. 9. 1989 and a sketch of land in question, which were made by local commissioner and both are part of record - High Court was not right while confirming the order passed by executing court, for latter had taken into account certain other reports for purpose of rejecting execution proceedings - Once decree was made in favour of plaintiff, in pursuance of judgment delivered by District Judge, executing court should not have looked into other reports which had been submitted to it afterwards - Local Commissioner's report dated 17. 9. 1989 along with sketch clearly describes land in question - Executing court ought to have considered it - Orders of executing court and High Court set aside - Executing court directed to do the needful for execution of decree taking into account local commissioner's report dated 17. 9. 1989 - Decree. Delay/Laches: Delay in execution of decree - Execution petition filed in 1996 - However, decree not executed till date - Held: Threshold not be unreasonable delay in execution of a decree - - Executing court will do the needful at an early date so as to see that the long drawn litigation which was decided in favour of appellant is finally concluded and he gets effective justice. |
Judge | N/A |
Neutral Citation | 2013 INSC 290 |
Petitioner | Satyawati |
Respondent | Rajinder Singh And Anr. |
SCR | [2013] 3 S.C.R. 471 |
Judgement Date | 2013-04-29 |
Case Number | 4176 |
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