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Supreme Court of India 2025-11-11 dismissed

Kapadam Sangalappa and Ors vs Kamatam Sangalappa and Ors

Bench: 2 — Prashant Kumar Mishra, Vipul M. Pancholi

In Brief

Two branches of the Kuruba community in Andhra Pradesh—the Kapadam and Kamatam sects—disputed custody of religious idols and ritual performance for deity Lord Sangalappa Swamy. A compromise decree dated 1933 provided for alternating idol possession and ritual performance every six months. Decades later, the Kapadam sect sought execution of this 1933 decree, alleging breach. The High Court dismissed the execution petition, finding no proof that the Kamatam sect possessed the idols or violated the compromise. The Supreme Court upheld this decision, holding that execution requires the decree-holder to prove violation by cogent evidence, not mere presumption. Since neither payment of agreed expenses nor trustee appointment was demonstrated, the compromise was never actually implemented, and execution therefore could not be sustained."

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Civil Procedure Execution of Decrees Compromise Decree Hindu Religious Institutions Endowments Temple Disputes Burden of Proof Presumption v. Evidence

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