In Brief
This 50-year-old execution dispute arose from a simple money decree of 1974 for Rs 3,000. An auction sale of 17 decimal plot of land was conducted in 1979 for Rs 5,500. The judgment debtor and auction purchasers entered a compromise in 1980, but the debtor failed to deposit the full amount due to the purchasers. After five rounds of litigation spanning decades, the judgment debtor raised for the first time that the executing court violated Order XXI, Rule 64 by selling the entire property instead of only a portion necessary to satisfy the Rs 3,000 decree. The Supreme Court dismissed the appeal, holding that such objections cannot be raised in a second petition under Section 47 after four earlier rounds of failed attempts, and that res judicata applies to execution proceedings. Once the sale became absolute and a certificate was issued, the property vested absolutely in the purchaser with no further claims possible."
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