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Supreme Court of India 2019-10-21 partly_allowed

Om Parkash and Another vs Amar Singh and Another

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Om Parkash and another challenged the redelivery of possession of suit lands to them by the High Court, where a dispute arose over property acquisition proceedings. The Supreme Court held that where the judgment debtor had no apparent right, title or interest in the contested lands, it would not interfere with possession being delivered to the decree holder, even though police assistance was provided without explicit court orders. The Court warned that such executive conduct, while overlooked in this case, would not be condoned in future without proper court sanction and set aside the redelivery order for fresh execution proceedings.

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Civil Procedure Execution of Decrees Land Acquisition Possession Injunctions Judicial Discretion

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