SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Kar) 1724

KRISHNA S.DIXIT
RAHUL S SHAH – Appellant
Versus
JINENDRAKUMAR GANDHI S/O SRI MULCHAND GANDHI – Respondent


Advocates Appeared:
For the Appellant :SRI. D R RAVISHANKAR, ADVOCATE)
For the Respondents:SRI. PARAS JAIN, ADVOCATE SMT. SUSHEELA, SRI. H P RAGHU

ORDER :

1. About a century & a half ago, the Privy Council speaking through RIGHT HON. SIR JAMES COLVILE, in the case of THE GENERAL MANAGER OF THE RAJ DURBHANGA VS. MAHARAJAH COOMAR RAMAPUT SINGH (MOORE’S INDIAN APPEALS 187172, VOL.14, page 605) had observed as under:

    “These proceedings certainly illustrate what was said by Mr. Doyne, and what has been often stated before, that the difficulties of a litigant in India begin when he has obtained a Decree….”

The above observations which prove truer today should set the tone for the hearing & disposal of a set of these cases which seek to lay a challenge to the execution proceedings.

2. All these cases i.e., the Writ Petitions and the Regular First Appeals arise from several orders/directions issued by the learned VI Addl. City Civil Judge, Bangalore in Execution No.458/2007 c/w Execution No.459/2007, filed by the respondent D Hrs. The brief facts leading to the institution of these cases are as under:

(a) The land in Municipal Corporation No.327, Mysore Road, Bangalore, in all approximately admeasuring 1 acre & 04 guntas i.e., 47,916 sq. ft was bought by one Smt. Narayanamma, the judgment debtor vide registered sale Deed 17.03.1960;

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top